include a micro-brewery, an artist boutique, professional offices, medical hospice care office, and printing service. Monument signs provide greater visibility and also serve as a multi-tenant business park directory for vehicles traveling east and west bound on Arrow Highway. In other commercially zoned properties, commercial center/business parks are permitted installation of a free-standing monument sign. PCD 79-001 established an overlay classification over the Arrow-Grand Business Park to allow commercial uses in an M1 zone thus, for consistency purposes, such uses should be afforded the same signage rights and privileges provided to other commercially zoned uses.
1.2 Non-Signage “Artistic” Window Coverings. The proposed PCD modification also includes allowing non-signage artistic window coverings in excess of 20% through the Site Plan Review process, pursuant to CMC 17.64 (Site Plan Review). Currently, each business is permitted two window signs per occupancy.
Such signs shall not exceed 20 percent of the window space in which they are displayed. Staff has received requests for artistic window coverings, commonly referred to as “custom window wrapping” on store fronts.
With today’s printing material technology, custom window graphics offer an alternative form of window art that can enhance our commercial/industrial building facades. Therefore, staff recommends the following modifications to PCD 98-001 to read as follows:
a. Subsection (13) Section 3 of Ordinance No. 1403, establishing the Planned Community Development (PCD) District Overlay Zone for the Arrow-Grand Business Park, is hereby added to read as follows:
“13. Signage Requirements – Commercial and Industrial Development.
1. Free-standing monument signs shall be permitted, pursuant to CMC Section 17.44.210 (Allowable Signs and Special Regulations);
2. Non-signage “artistic” window coverings exceeding 20% window coverage shall obtain city approval through the Site Plan Review process, pursuant to CMC 17.64 (Site Plan Review)”
2. Planned Community Development Modification (PCDM 22-003) – A request to amend Planned Community Development (PCD) 98-001 (Ordinance No. 98-1831), to allow drive-throughs, restaurants, and breweries with on-sale alcohol with a Conditional Use permit, modify the existing Provisional Site Plan to allow an additional retail pad, and modification of the required parking standards, pursuant to CMC 17.72 (Off-Street Parking).
Analysis: On April 21, 1998, the City Council adopted Ordinance No. 98-1831), establishing a Light Industrial/Planned Community Development Zone Classification for certain property in the City of Covina; (PCD) 98-001. The PCD Overlay encompasses an approximately 13.2-acre site, with a zone classification of M-1 (Light Manufacturing Zone). Existing commercial uses within the Covina Technology Center consist mostly of service-oriented, professional and medical office uses, three restaurant pads, and a sprawling under-utilized parking lot. A PCD modification is recommended as part of an on-going effort to update and expand the role of commercial centers to serve multiple purposes and, in doing so, adapt to evolving consumer demands through the establishment of development opportunities that will revitalize the city’s commercial centers. The proposed PCD modifications add conditionally permitted uses to the list of uses allowed by PCD 98-001 with respect to drive-throughs, restaurants, breweries with on-sale alcohol as a conditionally permitted use, modification of the existing Provisional Site Plan to allow an additional retail pad and, the adjusting of required parking standards, pursuant to CMC 17.72 (Off-Street Parking). Therefore, staff recommends the following modifications to PCD 98-001 be made to read as follows:
a. Subsection (1) Section 4 of Ordinance No. 98-1831, establishing the Planning Community Development (PCD) District Overlay Zone, is hereby amended to read as follows:
“1. A precise plan and site plan review application shall be submitted to the Planning Division for approval of each remodeling or new construction tenant space. All precise plans must be in substantial compliance with the approved provisional site plan. Refer to Ordinance 22-XX,
“Exhibit A” for amended provisional site plan identifying location of new retail pad, approved under (PCDM) 22-003.”
b. Subsection (13)(B)(5) Section 4 of Ordinance No. 98-1831, establishing the Planned Community Development (PCD) District Overlay Zone, is hereby amended to read as follows:
“5. Brewery, artisan distillery;”
c. Subsection (13)(I) Section 4 of Ordinance No. 98-1831, establishing the Planned Community Development (PCD) District Overlay Zone, is hereby amended to read as follows:
“I. Uses permitted subject to conditional use:
. 1. Restaurants, with on-sale alcohol;
2. Brewery with on-sale alcohol;
3. Drive-throughs;”
d. Subsection (13)(J) Section 4 of Ordinance No. 98-1831, establishing the Planned Community Development (PCD) District Overlay Zone, is hereby added to read as follows:
“J. On-site Parking Requirements.
The required on-site parking required for (PCD)98-001 shall be set forth as the amount of onsite parking provided within the boundaries of (PCD)98-001 after the approval of the new retail pad fronting Arrow Highway;”
FISCAL IMPACT:
Staff does not expect any fiscal impacts related to the proposed Ordinance and PCD Modifications to amend various sections of the proposed (ZCA) 22-005, (PCDM) 22-002, and (PCDM) 22-003.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
Pursuant to the California Environmental Quality Act (CEQA), staff has analyzed the proposed Zoning Code Amendment (ZCA) 22-005, (PCDM) 22-002, and (PCDM) 22-003, and determined that the proposed (ZCA) 22- 005, (PCDM) 22-002, and (PCDM) 22-003 are exempt from the requirements of the California Environmental Quality Act (“CEQA”) (Cal. Pub. Resources Code, § 21000 et seq.) and the CEQA Guidelines (Cal. Code Reg., tit. 14, § 1500 et seq.) pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed Ordinance to amend various sections of the Zoning Code and PCDs, will have a significant effect on the environment. The proposed (ZCA) 22-005, (PCDM) 22-002, and (PCDM) 22-003 are administrative processes of the City that will not result in a direct or indirect physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
ATTACHMENTS:
Attachment A - Resolution 2022-018PC
Attachment B - Ordinance 22-15
Attachment C - Ordinance 22-16
Attachment D - Ordinance 22-17
Respectfully submitted,
RESOLUTION NO. 2022-018PC
A RESOLUTION OF THE PLANNING COMJVIISSIONOF THE
CITY OF COVINA RECOMMENDING THAT THE CITY
COUNCIL OF THE CITY OF COVINA APPROVE: ZONE
CHANGE (ZCH) 22-005, TO CHANGE THE ZONING
CLASSIFICATION FOR ONE PARCEL FROM C-2
COMMERCIAL ZONE (NEIGHBORHOOD SHOPPING CENTER)
TO R-1-7,500(SINGLE FAMILY RESIDENTIAL), CONSISTENT
WITH THE GENERAL PLAN AND LAND USE DESIGNATION OF
LOW DENSITY RESIDEN'I'IAL, AND MAKE FINDINGS THAT
THE PROJECT IS EXCEMPT FROM THE PROVISIONS OF
CEQA, FOR THE PROPERTY LOCATED AT 1909 EAST COVINA
BOULEVARD - APN: 8401-016-043
WHEREAS,Chapters 17.06and 17.80of the CovinaMunicipalprovidesthe procedure andadministrationof amendmentsand changesto theZoningMap; and s Wl-IEREAS,City sta? prepared dra? Ordinance 2-__ attached hereto as Attachmen A,whichproposesto amendthe O?cial ZoningMapof theCity ofCovinaby chan t ' theZonin
Classi?cation ?'om C-2 Commercial Zone (Neighborhood ShoppingCenter)to R-1-7,500 g( FamilyResidential)for the property locatedat 1909East CovinaBlvd,CA 91724 APN:Single 8401 016-043); and - WHEREAS, CMC Section 17.80.0S0 provides that any recommendation by the Plannin Commissionfor an amendmentshall requirean affirmative vote of not lessthan two-thirds g of th total voting membersafter at least one public hearing and must be ?led with the City Council e togetherwitha report of ?ndings,hearings,andothersupportingdata,withinthirty(30)days , afte the conclusionof the public hearing; and r
WHEREAS, notice of the public hearing for the Zone Change was published in the San GabrielValley Examiner on September 15, 2022, in accordance with CMC Section l7.80.l20 B.
1. All persons whose names and addressesappear on the latest availableassessment roll of the County of Los Angeles, as owning property within 300 feet fromthe exteriorboundariesof the subject propertieswere mailed the public hearing notices in accordancewith CMC Sectio l7.80.l20 B. 2.; and n
WHEREAS, Sections 17.80.080to l7.80.130 of the Covina Municipal Code (CMC) have been compliedwith in the considerationof Zone Change (ZCH) 22-005; and WHEREAS,all legalprerequisitespriorto adoptionof thisResolutionhave occurred.
THE PLANNING COMMISSION OF THE CITY OF COVINA, CALIFORNIA,
SECTION 1. The foregoingrecitals are true and correct and are incorporatedherein an made an operative part of this Resolution. d
SECTION 2. California EnLr9' nmengl Qgig Act (CEA) Findings. The Plannin Commissionhereby recommendsthattheCityCouncilmakethe followingenvironmental?ndings and determinationsin connectionwith the approvalof the proposedZone Change(ZCH) 22-005 Community Development Department staff determinedthat approval of the abovementione :
projectsis exempt from the requirementsof CEQApursuant to CEQAGuidelinesd (14 Cal. Code Regs. § 15000 et seq.) Section 1506l(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a signi?cant effect on the environment. The activity is covered by the common sense exemptionthat CEQAapplies only to projects whic have the potentialfor causing a signi?cant effect on the environment.The City Council h has reviewedCommunityDevelopmentDepartmentsta?’s determinationof exemption,andbasedon its own independentjudgment, concurs in staffs determinationthat the proposed projects are exempt from CEQA.
SECTION 3. Based on the evidence in the record, the Planning Commission?nds that the proposedZone Change will have no change in the GeneralPlan LandUse Map, the O?cial Zoning Map and the ZoningCode to be an in and internallyconsistentdocuments,an hereby recommendsits adoptionby the City Council. d
SECTION 4. Planning Commission Recommgngon. A?er giving full consideration to all evidencepresentedat the public hearing, and in considerationof the ?ndings made in Section 2 and 3, the PlanningCommissionof the City of Covinadoes hereby recommendthatsthe Cit CounciloftheCity of CovinaadopttheproposedResolutionCC2022-018 andOrdinance22-_y as follows:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COVINA, CALIFORNIA, APPROVING A ZONE CHANGE (ZCH) 22-
005, TO CHANGE THE ZONING CLASSIFICATION FOR ONE
PARCEL FROM C-2 (CONHMERCIALZONE (NEIGHBORHOOD
SHOPPING CENTER) TO R-1-7,500 (SINGLE FAMILY
RESIDENTIAL), CONSISTENT WITH THE GENERAL PLAN AND
LANDUSE DESIGNATION OF LOW DENSTTYRESIDENTIAL, AND
MAKING A DETERMINATION OF EXCEPTION UNDER CEQA, FOR
THE PROPERTY LOCATED AT 1909EASTCOVINA BOULEVARD — APN: 8401-016-043” SECTION 5. The Secretary shall certify to the adoptionof this Resolutionand immediately ?le a copy of this Resolution with the City Council of the City of
.1’
SUSANZERMENO,CHAIRMAN
CITYOFCOVINAPLANNINGCOMMISSION
I hereby certify that the foregoing is a true copy of ResolutionNo. 2022-018 PC adopted by the Planning Commission of the City of Covina at a regular meeting thereof held on the 27"‘day of September,2022, by the following vote of the Planning Commission:
AYES: RICHARDSON, RODRIGUEZ, CONNORS, MCMEEKIN, ZERMENO NOES: NONE
ABSENT: NONE
PASSED, APPROVED AND ADOPTED by the members of the PlanningCommissio of Covina this 27“'day of September,2022. n
Page3 of3
“
<:
a
“Attachment A”
ORDINANCE NO. 22—___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COVINA, CALIFORNIA, APPROVING A ZONE CHANGE (ZCH)
22-005,TO CHANGE THE ZONING CLASSIFICATION FOR ONE
PARCEL FROM C-2 (COMMERCIAL ZONE (NEIGHBORHOOD
SHOPPING CENTER) TO R-1-7,500 (SINGLE FAMILY
RESIDENTIAL), CONSISTENT WITH THE GENERAL PLAN AND
LAND USE DESIGNATION OF LOW DENSITY RESIDENTIAL,
AND MAKING A DETERMINATION OF EXCEPTION UNDER
CEQA, FOR THE PROPERTY LOCATED AT 1909 EAST COVINA
BOULEVARD — APN: 8401-016-043
WHEREAS, Chapters 17.06 and 17.80 of the Covina Municipal provides the procedures and administration of amendments and changes to the Zoning Map; and WHEREAS, City staff preparedthis Ordinance 22-:, which proposes to amend the Official Zoning Map of the City of Covina by changing the Zoning Classi?cation from C-2 (CommercialZone (NeighborhoodShoppingCenter) to R-1-7,500 (Single Family Residential) for the property located at 1909 East Covina Blvd, CA 91724 APN: 8401-016-043); and WHEREAS, notice of the public hearing for the Zone Change was publishedin the San Gabriel Valley Examiner on the 15"‘of September, 2022, in accordance with CMC Section
17.80.120B. 1.Allpersons whosenames and addressesappear on the latest available assessment rollofthe County of Los Angelec, as owning property within300 feet ?'omthe exteriorboundarie of the subject propertieswere mailed the public hearing notices in accordancewith CMCs Section l7.80.120 B. 2.; and
WHEREAS,Sections l7.80.080 to l7.80.l3O of the Covina MunicipalCode (CMC) have been compliedwith in the considerationof ZoneChange (ZCH) 22-005;and WHEREAS, on September 27, 2022, the Planning Commission held a continuedpubli hearing, at which time City Staff an interested persons had an opportunity to and did testifyceither in support of or against this matter; and
WHEREAS, on ,the City Councilof the City of Covina held a duly noticed public hearing as prescribedby law to considerthe proposedZone Change (ZCH) 22-005. The City Council consideredany comments received prior to or at the public hearing, at which time staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to proposed Zone Change. Following consideration of the entire record of information received at the public hearing, the City Council closed the public hearing on that same date; and
WHEREAS, all legal prerequisitespriorto adoptionof this Ordinance have occurred.
THE CITY COUNCIL OF THE CITY OF COVINA DOES ORDAIN AS
SECTION 1. On September 27, 2022, the Planning Commission held a duly noticed publichearing regardingthe proposedZone Change, and followingthe receiptof publictestimony, closed the hearing and adopted Resolution No. 22-018 PC, recommending that the City Council approve the proposedZone Change by adoption of this Ordinance.
SECTION 2. On 2022, the City Council conducted a duly noticed public hearing regardingthe proposedZone Change, and followingthe receiptof public testimony, closed the hearing.
SECTION 3. The City Council, based on its own independentjudgement, has determined that pursuant to the requirements of the California Environmental Quality Act (CEQA) and the state CEQAGuidelines, the proposedZone Change 22-005 is a project that would not directly or indirectly cause physical change as a result of discretionary approval. Section l5061(b)(3) (Review for Exemption) requiresthat the Lead Agency make a determination whetherthe project is exempt from CEQAprior to an initial study. The proposedzone change is not in conjunctio with n plans or permit applicationsthat will either construct or demolish structures. Approvalof the zone does not authorize developments that may have a signi?cant effect on the envirornnent. Per Section l5061(b)(3) of the CEQAGuidelines, the project is exempt ?om CEQAsince it is not a project that would have potentialfor causing a signi?cant effect on the environment.
SECTION 4. The City Council of the City of Covina does hereby ?nd, determine and declare that the proposedZone Change complies with the General Plan objectives and policies:
a. The proposedZone Change reducesinconsistenciesbetween the GeneralPlan and the Zoning Map under the Land Use Element Section H. B.2.j of the General Plan; and
b. The proposedZone Change is a proceduralmatter to achieve internalconsistency between General Plan and Zoning Map as allowed by Section V Programs/ImplernentationMeasures B1 of the Land Use Element.
SECTION 5. Zone Changes Approval. The City Council of the City of Covina does hereby approve Zone Change (ZCH) 22-005, a request to change the Of?cial Zoning Map of the City of Covina changing the Zoning District from C-2 (Commercial Zone ( Neighborhood ShoppingCenter) to R-l-7,500 (SingleFamily Residential), consistentwith the GeneralPlanand land use designation of Low Density Residential,for the property located at 1909 East Covin Boulevard - APN: 8401-016-043. Further, the City Council hereby directs the Director a of Community Development to cause the amendment of the Of?cial Zoning Map of the City of Covina to re?ect ZCI-I22-005.
SECTION 6. Severability.If any section,subsection,sentence, clause,phrase,or portio n of this Ordinance is for any reason held to be invalid or unenforceableby a court of competent jurisdiction, the remaining portions of this Ordinanceshall nonethelessremain in full force and effect. The City Council hereby declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid
_ . . .- -
. . ., ,. . . . .‘ .
. I. ,
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. . . . . .
SECTION 7. Savings Clause. Neither the adoption of this Ordinance nor the repeal or amendment by this Ordinance of any ordinance or part or portion of any ordinance previously in effect in the City or within the territory comprising the City, shall in any manner affect the prosecutionforthe violationof any ordinance, which violation was committedpriorto the effective date of this Ordinance, nor be construed as a waiver of any license, fee or penalty or the penal provisionsapplicableto any violationof such ordinances.
SECTION 8. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the 31“ day a?er its passage.
SECTION 9. Zoning Map. Section 17.06.050 of the CMC provides that the City Clerk record all amendments and changes to the zoning map within 48 hours a?er such amendments or changes become effective.
SECTION 10. Certi?cation. The City Clerk shall certify to the passage and adoptionof this Ordinance and shall cause this Ordinance to be published within 15 days after its passage, in accordancewith Section36933 of the Government Code.
SECTION 11. Noti?cation. Within 30 days of the effective date of this Ordinance, the City Clerk shall notify the Los AngelesCounty Assessor of passage and adoptionofthis Ordinance in accordancewith Section 65863.5 of the Government Code.
PASSED, APPROVED and ADOPTED this _"‘ day of , 2022.
City Councilof Covina,Califomia
FABIAN VELEZ,
Deputy City Clerk
BY:
PATRICIA CORTEZ, Mayor
CANDICEK. LEE,City Attorney
CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of
No. 22- was introducedfor firstreading at a REGULAR
2022. Therea?er,saidOrdinance was duly approvedand
City Council on the _"' day of 2022, by the
AYES: COUNCIL MEMBERS:
NOESE COUNCIL MEMBERS!
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Dated:
FABIAN VELEZ,
Deputy City Clerk
Covina, do hereby certify that Ordinanc
meeting on the _"' day of e
adoptedat a REGULAR meeting ofsai
following vote: d
ORDINANCE 22-15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, ADOPTING ZONING CODE AMENDMENT (ZCA) 22-05, BY AMENDING CHAPTERS 17.42 (C-3A REGIONAL OR COMMUNITY
SHOPPING CENTER COMMERCIAL ZONE) RECLASSIFYING
“BARBER AND/OR BEAUTY SHOP USE” AS A “PERMITTED USE”,
CHAPTER 17.44 (C-4 COMMERCIAL HIGHWAY ZONE) ALLOWING
WALL SIGNS ABUTTING AN ALLEY OR PARKING LOT, CHAPTER
17.26 (R-1 7,500 SINGLE FAMILY RESIDENTIAL ZONE) ALLOWING (1) SECOND FLOOR STORAGE ABOVE GARAGES AND (2) RESIDENTIAL
ADDITIONS TO ALIGN WITH EXISTING RESIDENTIAL STRUCTURES WITHIN THE 25-FOOT REAR YARD SETBACK AREA AND, CHAPTER
17.78.160 (VARIANCE FOR MINOR DEVIATION) TO ELIMINATE
SECTION 17.78.160(A)(5) REGARDING (RD) MULTI-FAMILY CODE SECTION, OF TITLE 17 (ZONING) OF THE COVINA MUNICIPAL
CODE, AND MAKING FINDINGS UNDER CEQA GUIDELINES
SECTION 15061(B)(3)
WHEREAS, Covina Municipal Code (CMC) Section 17.80.010 provides that any amendment to the text of Title 17 (Zoning) of the CMC that imposes any regulation not theretofore imposed or removes or modifies any such regulation theretofore imposed shall be made according to the procedure set forth in CMC 17.80.080 through 17.80.070 (Zoning Code Amendment or Zone change); and
WHEREAS, CMC Section 17.80.020 provides that the Planning Commission may initiate proceedings by motion and then hold public hearings and make a recommendation as provided in CMC Sections 17.80.030 through 17.80.050; and
WHEREAS, CMC Section 17.80.030 provides that the City’s Planning Department shall study the proposed amendment and shall provide information necessary to assure action consistent with the intent of Title (Zoning) of the CMC and the City of Covina General Plan; and WHEREAS, CMC Section 17.80.040 provides that after the Planning Commission initiates proceedings by motion, the Community Development Director shall give notice of a public hearing in accordance with Sections 17.80.040.B. and C; and WHEREAS, CMC Section 17.80.050 provides that the Planning Commission shall hold a public hearing on the date and at the time and place specified in the notice; and WHEREAS, Government Code Section 65855 requires that at the hearing, the Planning Commission render its decision in the form of a written recommendation to the City Council, including the reasons for the recommendation and the relationship of the proposed Zoning Code Amendment (ZCA) 22-005 to the City of Covina General Plan, and transmit the recommendation to the City Council in such form and manner as specified by the City Council; and WHEREAS, CMC Section 17.80.050 further provides that any recommendation by the Planning Commission for an amendment shall require an affirmative vote of not less than twoPage 15 of 26 Ordinance 22-15 Page 2 of 5
thirds of the total voting members after at least one public hearing and must be filed with the City Council, together with a report of findings, hearings, and other supporting data, within thirty (30) days after the conclusion of the public hearing; and
WHEREAS, on September 13, 2022, the Planning Commission held a duly noticed public hearing as prescribed by law to consider the proposed Zoning Code Amendment (ZCA) 22-005 and any comments received prior to or at the public hearing, at which time staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the proposed Zoning Code Amendment (ZCA) 22-005. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Zoning Code Amendment (ZCA) 22-005, the Planning Commission closed the public hearing on that same date and adopted Resolution No. 2022-017 PC by a 5-0-0 vote, recommending that the City Council approve the proposed Zoning Code Amendment (ZCA) 22-005 and adopt this proposed Ordinance; and
WHEREAS, CMC Section 17.80.060 provides that the City Clerk must set a hearing date on an amendment not more than thirty (30) days after the filing of the Planning Commission’s recommendation an provide notice of the public hearing in accordance with CMC Section
17.80.040.B.; and
WHEREAS, CMC Section 17.80.070 provides that the City Council must hold a public hearing on the date and at the time and place specified in the public hearing notice and may adopt the amendment recommended by the Planning Commission, by ordinance, after holding at least one public hearing thereon, or may modify the amendment recommended by the Planning Commission, provided the proposed modification has been referred back to the Planning Commission for a report, pursuant to Sections 17.80.070.C. and D.; and WHEREAS, on October 18, 2022, the City Council of the City of Covina held a duly noticed public hearing as prescribed by law to consider the proposed Zoning Code Amendment (ZCA) 22-005 and any comments received prior to or at the public hearing, at which time staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to proposed Zoning Code Amendment (ZCA) 22-005. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Zoning Code Amendment (ZCA) 22-005, the City Council closed the public hearing on that same date; and
WHEREAS, all legal prerequisites prior to adoption of this Ordinance have occurred.
THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are incorporated herein and made an operative part of this Ordinance.
SECTION 2. California Environmental Quality Act Findings. The City Council hereby makes the following environmental findings and determinations in connection with the approval of the proposed Zoning Code Amendment (ZCA) 22-005:
Ordinance 22-15 Page 3 of 5
A. Community Development Department staff has determined that the proposed Zoning Code Amendment, as set forth in Sections 4 through 9 of this Ordinance, is exempt from the requirements of the California Environmental Quality Act (“CEQA”) (Cal. Pub.
Resources Code, § 21000 et seq.) and the CEQA Guidelines (Cal. Code Reg., tit. 14, § 1500 et seq.) pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed Ordinance to amend various sections of the Zoning Code which proposes to (1) streamline the entitlement process by reclassifying conditionally permitted barber shops and beauty shops to permitted uses in the C-3A commercial zone, (2) allow wall signs abutting an alley or parking lot in commercial and industrial zones, (3) allow second floor storage above garages in residential zones, (4) allow residential additions to align with existing residential structures within the 25-foot rear yard setback area, and (4) eliminate Section 17.78.160(A)(5) regarding (RD) multi-family code, will have a significant effect on the environment.
B. The proposed Zoning Code Amendment (ZCA) 22-005 is an administrative process of the City that will not result in a direct or indirect physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
C. The City Council has reviewed the Community Development Department staff’s determination of exemption, and based on its own independent judgment, concurs in staff’s determination that the proposed Ordinance adopting the proposed Zoning Code Amendment (ZCA) 22-005 is exempt from CEQA.
SECTION 3. Findings for Approval of Zoning Code Amendment (ZCA) 22-005. Based on the evidence in the record, City Council of the City of Covina find that the proposed Zoning Code Amendment (ZCA) 22-005 is in compliance with State law and is consistent with the following General Plan Objectives, in that it is consistent with the Program/Implementation Measures No. B.11.a of the Land Use Element of the City of Covina General Plan because the proposed Zoning Code Amendment (ZCA) will update various regulations to address current development trends, create consistency between the various sections of the Zoning Code, and allow the City to “create a more efficient, reasonable, and ‘business friendly’ atmosphere.” SECTION 4. Subsection (B)(3) Section 17.42.020 (“Barber and/or beauty shop”) is hereby added to Chapter 17.42 (“Permitted uses”) of Title 17 (“Zoning”) of the Covina Municipal Code to read as follows:
“3. Barber and/or beauty shop 5;”
SECTION 5. Section 17.42.030 (“Deleted”) (“Barber and//or beauty shop”) of Chapter
17.42 (“C-3A Commercial Regional or Community Shopping Center Zone”) of Title 17 (“Zoning”) of the Covina Municipal Code is hereby amended to read as follows:
“1. Deleted Barber and/or beauty shop;”
SECTION 6. Subsection (C) Section 17.44.210 (“Allowable Signs and Special Regulations”) is hereby amended to Chapter 17.44 (“C-4 Commercial Highway Zone”) of Title 17 (“Zoning”) of the Covina Municipal Code to read as follows:
“17.44.210 (C) Allowable Signs and Special Regulations.
Ordinance 22-15 Page 4 of 5
“Each business shall also be permitted two building face signs per occupancy frontage. In cases where a building store front abuts an alley access or parking lot, a second face sign shall be permitted. The area devoted to such signs shall not exceed 15 percent of the first store height of the building. Such signs shall be mounted flat against the building;” SECTION 7. Subsection 17.26.090 (“Accessory Building Height”) of Chapter 17.26 (“R1 7500 Single Family Residential Zone”) of Title 17 (“Zoning”) of the Covina Municipal Code is hereby amended to read as follows:
“17.26.090 Accessory building height.
No main building or structure erected in this zone shall have a height greater than two and one-half stories or 35 feet, whichever is less. Accessory buildings shall not have a height greater than one story or 15 feet, except to allow the construction of a “non-habitable” storage room above a detached garage, not to exceed two and one-half stories or 35 feet, whichever is less. At no time, shall the second floor-level storage room be converted into a habitable/livable space. No windows shall face adjoining properties. In the event the second floor-level storage room is illegally converted into a habitable/livable space, the unpermitted conversion shall be restored back to its originally approved state: a nonhabitable personal storage room;” SECTION 8. Subsection (D) is hereby added to Section 17.26.140 (“Rear Yard”) of Chapter 17.26 (“R-1 7500 Single Family Residential Zone”) of Title 17 (“Zoning”) of the Covina Municipal Code to read as follows:
“17.26.140 Rear yard.
D. Residential additions may be permitted in a required rear yard to align with existing residential structures that were constructed within the 25-foot rear yard setback area on corner or reverse corner lots;”
SECTION 9. Subsection (A)(5) (“Deleted”) of Section 17.78.160 (“Variance for minor deviations”) of Chapter 17.78 (“Variances”) of Title 17 (“Zoning”) of the Covina Municipal Code is hereby amended to read as follows:
“5. Deleted Applications to modify development standards in RD multiple-family residential zones as provided in CMC 17.28.475;”
SECTION 10. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The City Council hereby declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.
SECTION 11. Savings Clause. Neither the adoption of this Ordinance nor the repeal or amendment by this Ordinance of any ordinance or part or portion of any ordinance previously in effect in the City or within the territory comprising the City, shall in any manner affect the prosecution for the violation of any ordinance, which violation was committed prior to
Ordinance 22-15 Page 5 of 5
the effective date of this Ordinance, nor be construed as a waiver of any license, fee or penalty or the penal provisions applicable to any violation of such ordinances.
SECTION 12. Effective Date. This Ordinance shall become effective within thirty (30) days after its adoption.
SECTION 13. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be published within 15 days after its passage, in accordance with Section 36933 of the Government Code.
PASSED, APPROVED and ADOPTED this ___ day of _____, 2022.
City of Covina, California
BY:
PATRICIA CORTEZ, Mayor
ATTEST:
FABIAN VELEZ, Deputy City Clerk
APPROVED AS TO FORM:
____________________________________
CANDICE K. LEE, City Attorney
CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Ordinance 22-15 was introduced for first reading at a regular meeting on the ____ day of ______, 20__. Thereafter, said Ordinance was duly approved and adopted at a regular meeting of said City Council on the _____ day of ______, 20__, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Dated:
FABIAN VELEZ, Deputy City Clerk
ORDINANCE 22-16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COVINA,
CALIFORNIA, APPROVING PLANNED COMMUNITY DEVELOPMENT
MODIFICATION (PCDM) 22-003, BY AMENDING PLANNED
COMMUNITY DEVELOPMENT PCD 79-001 (ORDINANCE NO. 79-1403)
TO ALLOW FREE-STANDING MONUMENT SIGNS PURSUANT TO
CHAPTER 17.44.210 (C-4) COMMERCIAL HIGHWAY ZONE AND,
AMENDING WINDOW COVERING STANDARDS, WITHIN THE
ARROW-GRAND BUSINESS PARK, AND MAKING FINDINGS UNDER
CEQA GUIDELINES SECTION 15061(B)(3)
WHEREAS, CMC Sections 17.80.130 provide that the Planning Commission shall hold a public hearing on the date and at the time and place specified in the notice, announce its decision within 30 days after the conclusion of the public hearing, recommend either approval or disapproval of the proposed PCD Modification, and set forth findings in support of the recommendation; and
WHEREAS, Government Code Section 65855 requires that at the hearing, the Planning Commission render its decision in the form of a written recommendation to the City Council, including the reasons for the recommendation and the relationship of the proposed PCD Modification, to the City of Covina General Plan, and transmit the recommendation to the City Council in such form and manner as specified by the City Council; and WHEREAS, CMC Section 17.80.140 provides that the hearing date of the City Council public hearing shall be set by the City Clerk for not more than 60 days after the filing of the Planning Commission’s resolution with the City Council; and WHEREAS, CMC Section 17.80.150 provides that the City Council shall hold a public hearing on the date and at the time and place specified in the notice and may either adopt, by ordinance, the PCD Modification recommended by the Planning Commission after holding at least one public hearing thereon or modify the PCD Modification, recommended by the Planning Commission, provided the proposed modification is been referred back to the Planning Commission for a report, pursuant to Sections 17.80.150; and WHEREAS, on September 13, 2022, the Planning Commission held a duly noticed public hearing as prescribed by law to consider the proposed Planned Community Development Modification (PCDM) 22-002 and any comments received prior to or at the public hearing, at which time staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the proposed Planned Community Development Modification.
Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Planned Community Development Modification (PCDM) 22-003, the Planning Commission closed the public hearing on that same date and adopted Resolution No. 2022-017 PC by a 5-0-0 vote, recommending that the City Council approve the proposed Planned Community Development Modification (PCDM) 22-002 and adopt this proposed Ordinance; and WHEREAS, on October 18, 2022, the City Council of the City of Covina held a duly noticed public hearing as prescribed by law to consider the proposed Planned Community Development Modification (PCDM) 22-002, and any comments received prior to or at the public
Ordinance 22-16 Page 2 of 3
hearing, at which time staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to proposed Planned Community Development Modification (PCDM) 22-002. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Planned Community Development Modification (PCDM) 22-002, the City Council closed the public hearing on that same date; and
WHEREAS, all legal prerequisites prior to adoption of this Ordinance have occurred.
THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings for Approval of Planned Community Development Modification (PCDM) 22-002. Based on the evidence in the record, City Council of the City of Covina find that the proposed Planned Community Development Modification (PCDM) 22-002 is in compliance with State law and is consistent with General Plan Objective E (1)(y) which states: “Utilize the Zoning Ordinance’s Planned Community Development (PCD) process (which allows for development standard modification if certain conditions are met) as a vehicle for getting attractive, functional, compatible, and innovative projects, thus facilitating residential and nonresidential development and General Plan implementation.”
SECTION 2. Subsection (13) Section 3 of Ordinance No. 1403, establishing the Planned Community Development (PCD) District Overlay Zone for the Arrow-Grand Business Park, is hereby added to read as follows:
“13. Signage Requirements – Commercial and Industrial Development.
1. Free-standing monument signs shall be permitted, pursuant to CMC Section
17.44.210 (Allowable Signs and Special Regulations);
2. Non-signage “artistic” window coverings exceed 20% window coverage shall obtain city approval through the Site Plan Review process, pursuant to CMC 17.64 (Site Plan Review)”
SECTION 3. All other provisions of Ordinance No. 79-1403 not amended as set forth in this Ordinance shall remain in full force and effect.
SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The City Council hereby declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.
SECTION 5. Savings Clause. Neither the adoption of this Ordinance nor the repeal or amendment by this Ordinance of any ordinance or part or portion of any ordinance previously in effect in the City or within the territory comprising the City, shall in any manner affect the prosecution for the violation of any ordinance, which violation was committed prior to the effective date of this Ordinance, nor be construed as a waiver of any license, fee or penalty or the penal
Ordinance 22-16 Page 3 of 3
provisions applicable to any violation of such ordinances.
SECTION 6. Effective Date. This Ordinance shall become effective within thirty (30) days after its adoption.
SECTION 7. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be published within 15 days after its passage, in accordance with Section 36933 of the Government Code.
PASSED, APPROVED and ADOPTED this ___ day of _____, 2022.
City of Covina, California
BY:
PATRICIA CORTEZ, Mayor
ATTEST:
FABIAN VELEZ, Deputy City Clerk
APPROVED AS TO FORM:
____________________________________
CANDICE K. LEE, City Attorney
CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Ordinance 22-16 was introduced for first reading at a regular meeting on the ____ day of ______, 20__. Thereafter, said Ordinance was duly approved and adopted at a regular meeting of said City Council on the _____ day of ______, 20__, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Dated:
FABIAN VELEZ, Deputy City Clerk
ORDINANCE 22-17
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COVINA,
CALIFORNIA, APPROVING PLANNED COMMUNITY DEVELOPMENT
MODIFICATION (PCDM) 22-003, BY AMENDING PLANNED
COMMUNITY DEVELOPMENT PCD 98-001 (ORDINANCE NO. 98-1831) TO ALLOW DRIVE-THROUGHS, RESTAURANTs, BREWERIES, WITH
ON-SALE ALCOHOL AS A CONDITIONALLY PERMITTED USE,
MODIFICATION OF THE APPROVED PROVISIONAL SITE PLAN TO
ALLOW AN ADDITIONAL RETAIL PAD, THE ADJUSTING OF
REQUIRED PARKING STANDARDS WITHIN THE COVINA
TECHNOLOGY CENTER, AND MAKING FINDINGS UNDER CEQA
GUIDELINES SECTION 15061(B)(3)
WHEREAS, CMC Sections 17.80.130 provide that the Planning Commission shall hold a public hearing on the date and at the time and place specified in the notice, announce its decision within 30 days after the conclusion of the public hearing, recommend either approval or disapproval of the proposed PCD Modification, and set forth findings in support of the recommendation; and
WHEREAS, Government Code Section 65855 requires that at the hearing, the Planning Commission render its decision in the form of a written recommendation to the City Council, including the reasons for the recommendation and the relationship of the proposed PCD Modification, to the City of Covina General Plan, and transmit the recommendation to the City Council in such form and manner as specified by the City Council; and WHEREAS, CMC Section 17.80.140 provides that the hearing date of the City Council public hearing shall be set by the City Clerk for not more than 60 days after the filing of the Planning Commission’s resolution with the City Council; and WHEREAS, CMC Section 17.80.150 provides that the City Council shall hold a public hearing on the date and at the time and place specified in the notice and may either adopt, by ordinance, the PCD Modification recommended by the Planning Commission after holding at least one public hearing thereon or modify the PCD Modification, recommended by the Planning Commission, provided the proposed modification is been referred back to the Planning Commission for a report, pursuant to Sections 17.80.150; and WHEREAS, on September 13, 2022, the Planning Commission held a duly noticed public hearing as prescribed by law to consider the proposed Planned Community Development Modification (PCDM) 22-003 and any comments received prior to or at the public hearing, at which time staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the proposed Planned Community Development Modification.
Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Planned Community Development Modification (PCDM) 22-003, the Planning Commission closed the public hearing on that same date and adopted Resolution No. 2022-017 PC by a 5-0-0 vote, recommending that the City Council approve the proposed Planned Community Development Modification (PCDM) 22-003 and adopt this proposed Ordinance; and WHEREAS, on October 18, 2022, the City Council of the City of Covina held a duly
Ordinance 22-17 Page 2 of 4
noticed public hearing as prescribed by law to consider the proposed Planned Community Development Modification (PCDM) 22-003, and any comments received prior to or at the public hearing, at which time staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to proposed Planned Community Development Modification (PCDM) 22-003. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Planned Community Development Modification (PCDM) 22-003, the City Council closed the public hearing on that same date; and
WHEREAS, all legal prerequisites prior to adoption of this Ordinance have occurred.
THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings for Approval of Planned Community Development Modification (PCDM) 22-002. Based on the evidence in the record, City Council of the City of Covina find that the proposed Planned Community Development Modification (PCDM) 22-003 is in compliance with State law and is consistent with General Plan Objective E (1)(y) which states: “Utilize the Zoning Ordinance’s Planned Community Development (PCD) process (which allows for development standard modification if certain conditions are met) as a vehicle for getting attractive, functional, compatible, and innovative projects, thus facilitating residential and nonresidential development and General Plan implementation.”
SECTION 2. Subsection (1) Section 4 of Ordinance No. 98-1831, establishing the Planned Community Development (PCD) District Overlay Zone, is hereby amended to read as follows:
“1. A precise plan and site plan review application shall be submitted to the Planning Division for approval of each remodeling or new construction tenant space. All precise plans must be in substantial compliance with the approved provisional site plan. Refer to “Exhibit A” for amended provisional site plan identifying location of new retail pad, approved under (PCDM) 22-003.”
SECTION 3. Subsection (13)(B)(5) Section 4 of Ordinance No. 98-1831, establishing the Planned Community Development (PCD) District Overlay Zone, is hereby amended to read as follows:
“5. Brewery, artisan distillery;”
SECTION 4. Subsection (13)(I) Section 4 of Ordinance No. 98-1831, establishing the Planned Community Development (PCD) District Overlay Zone, is hereby amended to read as follows:
“I. Uses permitted subject to conditional use:
. 1. Restaurants, with on-sale alcohol;
2. Brewery with on-sale alcohol;
3. Drive-throughs;”
Ordinance 22-17 Page 3 of 4
SECTION 5. Subsection (13)(J) Section 4 of Ordinance No. 98-1831, establishing the Planned Community Development (PCD) District Overlay Zone, is hereby added to read as follows:
“J. On-site Parking Requirements.
The required on-site parking required for (PCD)98-001 shall be set forth as the amount of onsite parking provided within the boundaries of (PCD)98-001 after the approval of the new retail pad fronting Arrow Highway;”
SECTION 6. All other provisions of Ordinance No. 98-1831 not amended as set forth in this Ordinance shall remain in full force and effect.
SECTION 7. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The City Council hereby declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.
SECTION 8. Savings Clause. Neither the adoption of this Ordinance nor the repeal or amendment by this Ordinance of any ordinance or part or portion of any ordinance previously in effect in the City or within the territory comprising the City, shall in any manner affect the prosecution for the violation of any ordinance, which violation was committed prior to the effective date of this Ordinance, nor be construed as a waiver of any license, fee or penalty or the penal provisions applicable to any violation of such ordinances.
SECTION 9. Effective Date. This Ordinance shall become effective within thirty (30) days after its adoption.
SECTION 10. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be published within 15 days after its passage, in accordance with Section 36933 of the Government Code.
PASSED, APPROVED and ADOPTED this ___ day of _____, 2022.
City of Covina, California
BY:
PATRICIA CORTEZ, Mayor
ATTEST:
FABIAN VELEZ, Deputy City Clerk
Ordinance 22-17 Page 4 of 4
APPROVED AS TO FORM:
____________________________________
CANDICE K. LEE, City Attorney
CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Ordinance 22-17 was introduced for first reading at a regular meeting on the ____ day of ______, 20__. Thereafter, said Ordinance was duly approved and adopted at a regular meeting of said City Council on the _____ day of ______, 20__, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Dated:
FABIAN VELEZ, Deputy City Clerk
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. PH 2
Meeting: CC Regular Meeting - Oct 18 2022
Title: City Council to hold a public hearing to consider the following:
1. Ordinance 22-12, Approving Zoning Code Amendment (ZCA) 22-03 by Adding Chapter 17.59 (Mixed-Use Overlay District) and Chapter 17.31 (Affordable Housing Mixed-Use Overlay District) to Title 17 of the Covina Municipal Code, Establishing New Regulations Regarding Permitted and Conditionally Permitted Uses, Objective Development and Design Standards, Application, Review and Approval Requirements, and Appeal Procedures for Future Mixed-Use Developments in the City; and
2. Ordinance 22-13, Approving Zone Change (ZCH) 22-03 and Amending the City’s Official Zoning Map by Adding MUOD to 85 parcels and AHMUOD to 63 Parcels Within the 13 Project Areas Throughout the City and Approving a Mitigated Negative Declaration (SCH 20220600187). Exhibit A Contains the List of Assessor Parcel Numbers for Zone Change 22-03, and
3. Ordinance 22-14, Approving Zone Change (ZCH) 22-06 and Amending the City's Official Zoning Map to Change the Zoning from C-P, Commercial, Administrative, and Professional Office Zone to RD Residential Zone (Multi-family), Consistent with the Existing General Plan Designation of High-Density Residential and Approving a Notice of Exemption for Environmental Review (CEQA), for Property Located at 544 E. Rue Royal Street, APN: 8429-035-015
Presented By: Brian K. Lee, AICP
Recommendation: 1. Waive full reading, read by title only, and introduce for first reading Ordinance 22-12 entitled, an ordinance of the City Council of the City of Covina, California, approving Zoning Code Amendment (ZCA) 22-03 by adding Chapter 17.59 (Mixed-Use Overlay District) and Chapter 17.31 (Affordable Housing Mixed-Use Overlay District) to Title 17 of the Covina Municipal Code, establishing new regulations regarding permitted and conditionally permitted uses, objective development and design standards, application, review and approval requirements, and appeal procedures for future mixed-use developments in the City; and
2. Waive full reading, read by title only, and introduce for first reading Ordinance 22-13 entitled, an ordinance of the City Council of the City of Covina California, approving Zone Change (ZCH) 22-03 and amending the City’s Official Zoning Map by adding MUOD to 85 parcels and AHMUOD to 63 parcels within the 13 Project Areas throughout the City and approving a Mitigated Negative Declaration (SCH 20220600187). Exhibit A contains the list of Assessor Parcel Numbers for Zone Change 22-03; and
3. Waive full reading, read by title only, and introduce for first reading Ordinance 22-14 entitled, an ordinance of the City Council of the City of Covina, California, approving Zone Change (ZCH) 22-06 and amending the City's Official Zoning Map to change the zoning from C-P, Commercial, Administrative, and Professional Office Zone to RD Residential Zone (Multi-family), consistent with the existing General Plan Designation of High-Density Residential and approving a Notice of Exemption for Environmental Review (CEQA), for property located at 544 E. Rue Royal Street, APN: 8429-035-015.
EXECUTIVE SUMMARY / BACKROUND:
The City’s housing obligations required by SCAG’s Regional Housing Needs Allocation (RHNA) is 1,910 new residential units for the 2021-2029 (6th) cycle Housing Element. Although the City has a high level of development activities, the projected number of units from approved and pending projects is 737 new units. The underutilized sites within the Covina Town Center Specific Plan with the potential for redevelopment are projected to generate approximately 515 units. The RHNA shortfall is 658 units. Since the City relies on rezoning sites to meet the RHNA allocation, the City is obligated to demonstrate the affordability component of the MUOD.
Therefore, the proposed rezoning is split into the MUOD and the AHMUOD, which affected 148 parcels. The Zoning Code Amendment is to establish new zoning regulations for Mixed-Use Overlay District (MUOD) and Affordable Housing Mixed-Use Overlay District (AHMUOD). Furthermore, the rezoning of the selected sites led to a potential increase of 1,360 new residential units, which triggered an environmental review and the preparation of a Mitigated Negative Declaration.
On September 13, 2022, the Planning Commission conducted a public hearing and considered the proposed Zoning Code Amendment (ZCA) 22-03 and the Zone Changes (ZCH) 22-03 and 22-06. At the hearing, one speaker, a Covina business owner (McIntyre), stated he was in favor of the proposed MUOD. Also, staff read into the record a letter from Trumark Homes supporting the MUOD. After receiving oral and written evidence and public input, the Planning Commission concluded the hearing on September 13, 2022. The Planning Commission adopted Resolution No. 2022-016 PC by a unanimous vote (5-0-0), recommending to the City Council the approval of the Zoning Code Amendment (ZCA) 22-03 and Zone Changes (ZCH) 22-03 and 22-06.
DISCUSSION:
A. Overview of MUOD. The proposed MUOD regulations aim to guide and regulate future mixed-use projects.
The zoning designations are overlay zones and will not replace the underlying zoning classification of the selected rezoning sites. The uses and activities allowed with the underlying zoning classification will continue to apply.
Applicants can choose to comply with either: a) the development and design standards and requirements established with the underlying zoning classification per the existing Zoning Code; or b) the development and design standards and requirements described in the MUOD Chapters. The following summarized the contents of the new zoning regulations:
• A minimum of 25% of the total gross floor area must be non-residential use to consider as mixed-use projects.
• New property development standards regulate the built form and character of mixed-use projects.
Examples of standards are minimum project area size, density, and intensity, lot coverage, building setbacks, building heights, minimum distance separation, unit sizes, access and circulation, common and private open space, pedestrian amenities, fences and walls, parking, signs, screening, lighting, placement of utilities, roof design and sound, and vibration insulation. • New objective design and architectural standards include site planning and parking, architectural standards, project landscaping and hardscape, and project amenities. • Establish procedures and standard review processes for mixed-use projects.
B. Overview of (AHMUOD). The purpose of the Affordable Housing Mixed Use Overlay District (AHMUOD) is to encourage the development of affordable housing to meet the City's obligations under RHNA allocation.
Very Low Low Moderate Above
Moderate Total
614 268 281 747 1910
The following summarizes the new regulations:
• Mixed-use projects shall include at least 50 percent of the total gross floor area of the project for residential use.
• Standalone residential (100%) projects shall reserve at least 10% of the total units in the project as affordable housing for lower-income households.
• Mixed-use and standalone residential projects that include at least 20 percent of the total units as affordable for lower-income households shall proceed through the approval process “by right” ministerial review. • Eligible housing projects must comply with regulations and standards of the RD Residential Zone, Covina Municipal Code (CMC) Chapter 17.28, the companion Objective Design Standards under Ordinance 21- 09, and all standards listed in the new Chapter of AHMUOD. • Eligible housing projects approved by Planning Division must be at a detailed level ready for submittal to Building and Safety Division for plan check.
• Affordable housing units shall be constructed concurrently with or before the market-rate housing units.
The affordable units shall follow the affordable housing cost of Government Code Section 65915. The rental units reserved as affordable housing must be made available for at least 55 years from the date of the certificate of occupancy, and for-sale units shall be reserved as affordable housing for at least 45 years from the date of occupancy.
C. Zone Change (ZCH) 22-03. In assessing the potential sites for rezoning, the following criteria were used:
the age of the structures that were 1980s and older, the location of the existing sites that were not on major commercial corridors, and the size of the sites. For ease of identifying the selected sites, they were arranged by areas, from Area A through Area M, as shown in Exhibit A of Attachment D - Ordinance 22-13. A total of 148 legal parcels were selected for rezoning. The total acreage is 75.29 acres. The staff assumed that 60% of the total acreage could be designated for residential use, with an estimated yield of 1,360 potential new residential units.
This number of potential new units was the basis for the environmental review.
Of the 148 legal parcels, 85 parcels are proposed to rezone by adding the MUOD while 63 parcels are proposed to rezone by adding the AHMUOD. The number of potential units that the 63 parcels could generate with the AHMUOD is 690, which is more than covered a shortfall of 658 units. As stated previously, the proposed zone change for the 148 parcels does not take away the underlying commercial and industrial zones. The property owners or applicants can choose to develop based on the standard of the underlying zone or develop according to the MUOD or AHMUOD. The list of Assessor Parcel Numbers for Zone Change 22-03 is as shown in Exhibit A of Attachment D - Ordinance 22-13.
D. Zone Change (ZCH) 22-06. In analyzing the potential sites for rezoning, staff discovered a site that does not need the MUOD or AHMUOD zone. The site is an isolated case located at 544 E. Rue Royale Street. The General Plan Land Use designation is High Density Residential, while the Zoning classification is C-P, Commercial, Administrative, and Professional Office Zone. For consistency purposes, the proposed zone change is to change the C-P zone to RD Residential Zone (Multi-family). The site contains an existing office structure. Because of fire damage, staff found that a few office suites were illegally converted to residential units. The structure is boarded up and is under code enforcement.
E. Public Participation and Community Engagement. Public participation is essential to the planning process for adopting new regulations that affect future development projects. The purpose of the community engagement is to inform Covina's residents, affected property owners, members of the development community, and regional agencies of the opportunities for MUOD, then obtain their feedback and collaborate with them to ensure their concerns and aspirations are understood and considered. • On February 8, 2022, the Planning Commission conducted a study session, and the purpose was to introduce the proposed MUOD regulations and the proposed rezoning for the selected sites. The consensus of the Planning Commission was in support of the MUOD and the rezoning efforts.
• In March and April 2022, the staff reached out to representatives of two national residential builders, Trumark Homes and City Ventures, and requested their perspectives on the proposed MUOD regulations.
The meetings were one-on-one to ensure the draft regulations were workable and practical for mixed-use residential projects. The representatives of the two national builders provided valuable insights and contributed to improving the MUOD regulations.
• On June 23, 2022, the staff conducted a virtual community meeting on the draft MUOD regulations. The notification for community engagement included the following: created flyers of the community meeting in English and Spanish; posted flyers on social media (City's Instagram and Facebook) and the City's website; and direct mailings (in English and Spanish) to affected property owners, members of the development community such as Trumark Homes, City Ventures, and regional agencies such as local school districts, water districts, adjacent cities, Southern California Association of Governments (SCAG), Southern California Air Quality Management District (AQMD), Southern California Regional Rail Authority (SCCRA), to name a few. At the June 23, 2022, virtual meeting, three persons participated in the virtual community meeting. A representative of Trumark Homes stated that they appreciated the effort of the City to create new tools allowing for more housing production. Staff from the City of West Covina did not have any comments. A Covina resident inquired about the impact of the MUOD on residents and whether any mixed-use project would be by right or standard review process. The staff responded that the new MUOD is a planning tool available for property owners to use or not to use and that the MUOD will have two separate processes, by right and standard review process.
FISCAL IMPACT:
There is no specific development in conjunction with the proposed Zoning Code Amendment (ZCA 22-03) or the two Zone Changes (ZCH22-03 and 22-06). It is reasonable to expect that future mixed-use development under MUOD or AHMUOD will have fiscal impacts related to increased property tax, community facilities district revenues, other taxes and fees, and costs of providing public services to new residents. However, it is not possible to quantify fiscal impacts at this time.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
In accordance with CEQA, the City of Covina has completed an Initial Study to determine whether the ZCH 22- 03 (Project) may have a significant effect on the environment. The Initial Study concludes that the Project, with mitigation measures, will not have a significant effect on the environment. The City has therefore prepared a Mitigated Negative Declaration (MND), to be considered by the Planning Commission and City Council.
Pursuant to Section 15072 of the CEQA guidelines, the Project site is not on any of the lists enumerated under Section 65962.5 of the Government Code.
The MND identifies that the proposed Project would result in no impact or less than significant impacts in the following environmental impact categories: aesthetics, agricultural and forestry resources, hydrology and water quality, land use and planning, mineral resources, population and housing, recreation, transportation and traffic, Tribal Resources, and utilities and service systems. With the incorporation of mitigation measures identified in the MND, the potentially significant impacts of the proposed Project in the following categories would be reduced below a level of significance: air quality, biological resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, cultural resources, and noise. No significant and unmitigable impacts have been identified in the MND. The Notice of Intent to adopt the MND was published in the San Gabriel Valley Examiner on June 9, 2022, and the MND was released for a 30-day public comment period beginning on June 9, 2022, and ending on July 8, 2022. The Final MND, which consists of the Draft MND, Comments on the Draft MND, and Responses to Comments, has been completed in accordance with the requirements of CEQA.
Zone Change (ZCH) 22-06 is exempt from CEQA because it can be seen with certainty that there is no possibility that this amendment may have a significant adverse effect on the environment. Adoption of the Zone Change would not approve any development project or other physical change to the environment. Therefore, the adoption
of this Zone Change is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines.
ATTACHMENTS:
Attachment A - PC Resolution 2022-015PC (MUOD_AHMUOD_ZCA_ZCH) Attachment B - Ordinance 22-12
Attachment C - Ordinance 22-13
Attachment D - Ordinance 22-14
Respectfully submitted,
WHEREAS, the City is responsible for adopting and implementing land use regulation within its boundaries;and s
WHEREAS, in response to the Housing Element of the Covina General Plan for the 2021- 2029 planning period and the Regional Housing Needs Allocation (RI-INA), there is a need to establish the Mixed-Use Overlay District (MUOD) and Affordable Housing Mixed-Use Overlay District (AHMUOD). The MUOD and AHMUOD aim to encourage the developmentof housing especially affordable housing, as a means of meeting the City's obligations under state, law to provide opportunitiesfor housing developments in accordance with the City's RI-INAallocation.
WHEREAS, CMC Chapter 17.80 provides the procedures and proceedings for any amendment to the text of Title 17 (Zoning) of the CMC and the Zone Change to the Of?cial Zoning Map of City of Covina; and
WHEREAS, Government Code Section 65855 requires that at the hearing, the Plannin Commission render its decision in the form of a written recommendation to the City Council, g an transmit the recommendation in such form and manner as speci?ed by the City Council; and d WHEREAS, CMC Section 17.80.050 further provides that any recommendation by the Planning Commission for an amendment shall require an af?rrnative vote of not less than twothirds of the total voting members after at least one public hearing and must be ?led with the Cit Council, together with a report of ?ndings, hearings, and other supporting data, within thirty y(30) days after the conclusion of the public hearing; and
WHEREAS, In accordance with CEQA, the City of Covina has completed an Initial Study to determine whether the Project may have a signi?cant effect on the environment. The Initia Study concludes that the Project, with mitigation measures, will not have a signi?cant effect l on the environment. The City has therefore prepared a Mitigated Negative Declaration (MND), to be considered by the Planning Commission and City Council. Pursuant to Section 15072 of the CEQ guidelines, the Project site is not on any of the lists enumerated under Section 65962.5 Aof the RESOLUTION 2022-015 PC
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
COVINA, CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL APPROVE ZONING CODE AMENDMENT (ZCA) 22-03
ADDING CHAPTER 17.59 (MIXED-USE OVERLAY DISTRICT) AND
CHAPTER 17.31 (AFFORDABLE HOUSING MIXED-USE OVERLAY
DISTRICT) OF TITLE 17 (ZONING) OF THE COVINA MUNICIPAL
CODE; AND, RECOMMENDING THAT THE CITY COUNCIL APPROVE
ZONE CHANGES (ZCH) 22-03 AND (ZCH) 22-06, AMENDING THE
CITY’S OFFICIAL ZONING MAP, AND MAKE FINDINGS PURSUANT
TO
The MND identi?es that the proposed project would result in no impact or less than signi?cant impacts in the following environmental impact categories: aesthetics, agricultural and forestry resources, hydrology and water quality, land use and planning, mineral resources, population and housing, recreation, transportationand traf?c, Tribal Resources, and utilities and service systems.
With the incorporationof mitigation measures identi?ed in the MND, the potentially signi?cant impacts of the proposed project in the following categories would be reduced below a level of signi?cance: air quality, biological resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, cultural resources, and noise. No signi?cant and unmitigable impacts have been identi?ed in the MND. The Notice of Intent to adopt the MND was published in the San Gabriel Valley Examiner on June 9, 2022, and the MND was released for a 30-day public comment period beginning on June 9, 2022 and ending on July 8, 2022. The Final MND, which consists of the Draft MND, Comments on the Draft MND, and Responses to Comments, has been completed in accordance with the requirements of CEQA; and WHEREAS, on September 13, 2022, the Planning Commission conducted a public meeting, where staff presented the oral and written evidence and the written recommendation to the Planning Commission. The Planning Commission concluded said meeting on that date; and WHEREAS, all legal prerequisitesprior to adoptionof this Resolution have occurred.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
COVINA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are incorporatedherein and made an operative part of this Resolution.
SECTION 2. California EnvironmentalQuality Act Findings. The Planning Commission has reviewed and considered the MND for Zoning Code Amendment (ZCA) 22-03 and Zone Change (ZCH) 22-03, and the written comments thereon. In the exercise of its independen t judgment, the Planning Commission hereby recommends that the City Council adopt the MND prepared for the proposed Zoning Code Amendment (ZCA) 22-03 and Zone Change (ZCH) 22- 03, make appropriate environmental ?ndings, and adopt a Mitigation Monitoring and Reporting Program for the proposed Project. The Planning Commission further recommends that the mitigation measures set forth therein be made applicable to the Project. The Planning Commission in the exercise of its independentjudgement concurs that Zone Change (ZCH) 22-0 is exempt from the requirements of CEQApursuant to CEQAGuidelines (14 Cal. Code Regs. § 15000 et seq.) Section l5061(b)(3) because no developmentproject or other physical change to the environment would be approved by the adoptionof the Zone Change. The Planning Commission hereby SECTION 3. Findings. Based on the evidence in the record, the Planning Commission ?nds that the proposed Zoning Code Amendment (ZCA) 22-003. Zone Change (ZCH) 22-03 and Zone Change (ZCH) 22-06 are consistent with the Land Use Plan and the Programs and ImplementationMeasures of the Covina General Plan Land Use Element, and is in compliance
SECTION 4. Planning Commission Recommendation. After giving full considerationto all evidence presented at the public hearing and in consideration of the ?ndings stated in the attached City Council Ordinance, the Planning Commission does hereby recommend that the City Council of the City of Covina adoptthe three Ordinances attached hereto as follows:
1. DRAFT ORDINANCE NO. 22- , AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF COVINA, CALIFORNIA, APPROVING ZONING CODE AMENDMENT (ZCA) 22-03 BY ADDING CHAPTER 17.59 (MIXEDUSE OVERLAY DISTRICT) AND CHAPTER 17.31 (AFFORDABLE HOUSING MIXED-USE OVERLAY DISTRICT) TO TITLE 17 OF THE
COVINA MUNICIPAL CODE, AND ESTABLISHING NEW DEVELOPMENT
REGULATIONS FOR MUOD AND AHMUOD, AND MAKE FINDINGS
PURSUANT TO CEQA
2. DRAFT ORDINANCE 22- , AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF COVINA, CALIFORNIA, APPROVING ZONE CHANGE (ZCH) 22-03, AND AMENDING THE CITY’S OFFICIAL ZONING MAP TO ADD (MUOD) TO 85 PARCELS AND (AHMUOD) TO 63 PARCELS.
THE LIST OF ASSESSORS PARCEL NUMBERS ARE ON FILE IN THE PLANNING DIVISION AND ATTACHED HERETO.
3. DRAFT ORDINANCE 22- , AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF COVINA, CALIFORNIA, APPROVING ZONE CHANGE (ZCH) 22-O6,AND AMENDING THE CITY’S OFFICIAL ZONING
MAP TO CHANGE THE ZONING FROM C-P, COMMERCIAL,
ADMINISTRATIVE, AND PROFESSIONAL OFFICE ZONE TO RD,
RESIDENTIAL (MULTI-FAMILY) ZONE, CONSISTENT WITH THE
EXISTING GENERAL PLAN LAND USE DESIGNATION OF HIGH DENSITY RESIDENTIAL, FOR PROPERTY LOCATED AT 544 E. RUE ROYALE, APN:
SECTION 5. The documents and materials that constitute the record of proceedings on which these ?ndings and this Resolution are based are located at the City Clerk’s Office or th Community Development Department, Planning Division, located at 125 E. College Street e Covina, CA 91723 or at wvvw.covinaca.gov.The custodian of , these records isthe City Clerk.
SECTION 6. The Secretary shall certify the adoption of this Resolution.
AYES: RICHARDSON, RODRIGUEZ, CONNORS, MCMEEKIN, ZERMEN
NOES: NONE O
ABSENT: NONE
ABSTAIN:
I hereby certify that the foregoing is a true copy 0
Commission of the City of Covina at a regular meeting
of the Planning Commission:
PASSED, APPROVED AND ADOPTED by the members of the Plaiming Commission of Covina this 13"‘day of September, 2022.
SUSAN ZERMENO, CHAIRWOMAN
f a Resolution adopted by the Plannin
thereof held on the by the following g vote
ORDINANCE NO. 22- _ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, APPROVING ZONING CODE AMENDMENT (ZCA) 22-03 BY ADDING CHAPTER 17.59 (MIXED-USE OVERLAY DISTRICT) AND CHAPTER 17.31 (AFFORDABLE HOUSING NHXED-USE OVERLAY
DISTRICT) TO TITLE 17 OF THE COVINA MUNICIPAL CODE, AND
ESTABLISHING NEW DEVELOPMENT REGULATIONS FOR MUOD
AND AHMUOD, AND MAKE FINDINGS PURSUANT TO CEQA
WHEREAS, the City is responsible for adopting and implementing land use regulations within its boundaries; and
WHEREAS, in response to the HousingElement of the Covina GeneralPlan forthe 2021- 2029 planning period and the Regional Housing Needs Allocation (RHNA), there is a need to establish the Mixed-Use Overlay District (MUOD) and Affordable Housing Mixed-Use Overlay District (AHMUOD). The MUOD and AHMUOD aim to encourage the development of housing, especially affordable housing, as a means of meeting the City's obligations under state law to provide opportunitiesfor housing developments in accordance with the City's RHNA allocation; and
WHEREAS, CMC Chapter 17.80 provides the procedures and proceedings for any amendmentto the text of Title 17 (Zoning)of the CMC and the Zone Change to the Of?cial Zonin Map of City of Covina; and g
WHEREAS, Government Code Section 65855 requires that at the hearing, the Planning Commission render its decision in the form of a written recommendationto the City Council, and transmit the recommendationin such form and manner as speci?ed by the CityCouncil; and WHEREAS, CMC Section 17.80.050 further provides that any recommendation by the Planning Commission for an amendment shall require an af?rmative vote of not less than twothirds of the total voting members after at least one public hearing and must be ?led with the City Council, together with a report of ?ndings, hearings, and other supporting data, within thirty (30) days after the conclusion of the public hearing; and
WHEREAS, In accordancewith CEQA, the City of Covina has completed an Initial Study to determine whether the Project may have a signi?cant effect on the environment. The Initia Study concludes l that the Project, with mitigation measures, will not have a signi?cant effect on the environment. The City has therefore prepared a Mitigated Negative Declaration (MND), to b consideredby the Planning Commission and CityCouncil. Pursuant to Section 15072 of the CEQe guidelines, the Project site is not on any of the lists enumerated under Section 65962.5Aof the Government Code.
The MND identi?es that the proposed project would result in no impact or less than signi?cant impacts in the following environmental impact categories: aesthetics, agricultural and forestry resources, hydrology and water quality, land use and planning, mineral resources, population and
housing, recreation, transportation and traf?c, Tribal Resources, and utilities and service systems.
With the incorporationof mitigation measures identi?ed in the MND, the potentially signi?cant impacts of the proposed project in the following categories would be reduced below a level of signi?cance: air quality, biological resources, geology and soils, greenhouse gas emissions hazards and hazardous materials, cultural , resources, and noise. No signi?cant and unmitigable impacts have been identi?ed in the MND. The Notice of Intent to adopt the MND was publishe in the San Gabriel Valley Examiner on June 9, 2022, and the MND was released forda 30-day public comment period beginning on June 9, 2022 and ending on July 8, 2022. The Final MND, which consists of the Draft MND, Comments on the Draft MND, and Responses to Comments, has been completed in accordance with the requirements of CEQA; and WHEREAS, on September 13, 2022, the Planning Commissionconducted a duly noticed public hearing and considered the proposed Zoning Code Amendment (ZCA) 22-03. After receiving oral and written evidence, and public input, the Planning Commission concluded the hearing on September 13, 2022, and by a vote, adopted Resolution No. 2022-015 PC recommending to the City Council the approval of the Zoning Code Amendment (ZCA) 22-03; and
WHEREAS, on ,the City Council of the City of Covina held a duly noticed public hearing as prescribed by law to consider the proposed Zoning Code Amendment (ZCA) 22- 03 and any comments received prior to or at the public hearing, at which time staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to proposedZoning Code Amendment (ZCA) 22-03. Following considerationof the entire record of information received at the public hearing and due consideration of the proposedZoning Code Amendment (ZCA) 22-03, the City Council closed the public hearing on that same date; and WHEREAS, all legal prerequisites prior to adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are incorporated herein and made an operative part of this Ordinance.
SECTION 2. California Environmental Quality Act Findings. The City Council, af?rms the determination of the PlanningCommission that the proposedZoning Code Amendment (ZCA) 22-03 would result in no impact or less than signi?cant impactsin the following environmental impactcategories: aesthetics, agricultural and forestry resources, hydrology and water quality, land use and planning,mineral resources, populationand housing, recreation, transportationand traf?c, Tribal Resources, and utilities and service systems. With the incorporationof mitigation measures identi?ed in the MND, the potentially signi?cant impacts of the Zoning Code Amendment (ZCA) 22-03 would be reduced below a level of signi?cance in the following categories: air quality, biological resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, cultural resources, and noise. The City Council has reviewed the administrative record concerning the proposed ZCA 22-03 and the proposedCEQAdetermination, and based on its own independent judgement, adopt the Mitigated Negative Declaration and the Mitigation Measures and Monitoring Program.
SECTION 3. Findings for ZCA 22-03. Based on the evidence in the record, review the recommendation of the Planning Commission, and after fully informed, the City Cou hereby findsthat the proposed Zoning Code Amendment (ZCA) 22-003 is consistentwith the L Use Plan and the Programs and Implementation Measures of the Covina General Plan Land Element, and is in compliance with State Law.
SECTION 4. Approval. In consideration of the ?ndings stated above,the City Council of the City of Covina does hereby approve Zoning Code Amendment (ZCA) 22-03, by adding Chapter 17.59 (Mixed-Use Overlay District) and Chapter 17.31 (Affordable Housing Mixed-Use Overlay District) to Title 17 of the Covina Municipal Code, and establishing new regulations for future mixed-use developments in the City as set forth in Exhibit “A”; and, incorporatedherein by this reference as though set forth in full.
SECTION 5. Severabilig. If any section,subsection,sentence, clause,phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The City Council hereby declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses,phrases,or portionsof this Ordinance be declared invalid or unenforceable.
SECTION 6. Savings Clause. Neither the adoption of this Ordinance nor the repeal or amendment by this Ordinance of any ordinance or part or portion of any ordinance previously in effect in the City or within the territory comprising the City, shall in any manner affect the prosecutionfor the violation of any ordinance,which violation was committed priorto the effective date of this Ordinance, nor be construed as a waiver of any license, fee or penalty or the penal provisionsapplicableto any violation of such ordinances.
SECTION 7. Effective Date. This Ordinance shall become effective within thirty (30) days after its adoption.
SECTION 8. Certi?cation. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be publishedwithin 15 days after its passage, in PASSED, APPROVED an ADOPTED this day of , 2022.
‘ PATRICIA CORTEZ, MAYOR
City Council of Covina, Californi
in
ncil g
an
d
CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Ordinance 22- were introduced for first reading at a REGULAR meeting on the day of 9 2022. Thereafter, said Ordinance was duly approved and adopted at a REGULAR meeting of said City Council on the day of
AYES:
NOES:
ABSENT:
ABSTAIN:
Dated:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
, 2022, by the following vote:
FABIAN VELEZ
FABIAN VELEZ, DEPUTY CITY CLERK
CANDICE K. LEE, CITY ATTORNEY
DRAFT CHAPTERS 17.59 AND 17.31, TITLE 17 OF THE
EXHIBIT A
ORDINANCE NO. 22- _ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, APPROVING ZONING CHANGE (ZCH) 22-03, AND
AMENDING THE CITY’S OFFICIAL ZONING MAP TO ADD (MUOD)
TO 85 PARCELS AND (AHMUOD) TO 63 PARCELS AND THE LIST OF
ASSESSORS PARCEL NUMBERS ARE ATTACHED HERETO AS
EXI-HBIT A, AND MAKE FINDINGS PURSUANT TO CEQA
WHEREAS, the City is responsible for adopting and implementing land use regulation within s its boundaries; and
WHEREAS, in response to the Housing Element of the Covina General Plan for the 2021- 2029 planning period and the Regional Housing Needs Allocation (RI-INA), there is a need to establish the Mixed-Use Overlay District(MUOD) and Affordable Housing Mixed-UseOverla District (AHMUOD), and to rezone selected sites for accommodating potential new yhousing development. The MUOD and AHMUOD together with the rezoning of selected sites will encourage the development of housing, especially affordable housing, as a means of meeting the City's obligations under state law to provideopportunitiesfor housing developmentsin accordance with the City's RI-INAallocation; and
WHEREAS, CMC Chapter 17.80 provides the procedures and proceedings for any amendment to the text of Title 17 (Zoning) of the CMC and the Zone Change to the Official Zoning Map of City of Covina; and
WHEREAS, Government Code Section 65855 requiresthat at the hearing, the Planning Commission render its decision in the form of a written recommendationto the City Council, and transmit the recommendationin such form and manner as speci?ed by the City Council; and WHEREAS, CMC Section l7.80.050 further provides that any recommendation by the Planning Commission for an amendment shall require an af?nnative vote of not less than twothirds of the total voting members a?er at least one public hearing and must be ?led with the City Council, together with a report of ?ndings, hearings, and other supporting data, within thirty (30) days afterthe conclusion of the publichearing; and
WHEREAS, In accordancewith CEQA, the City of Covina has completedan Initial Study to determine whether the Project (ZCA 22-03 and ZCH 22-03) may have a signi?cant effect on the environment. The Initial Study concludes that the Project, with mitigation measures, will not have a signi?cant effect on the environment. The City hastherefore prepareda Mitigated Negative Declaration (MND), to be considered by the Planning Commission and City Council. Pursuant to Section 15072 of the CEQAguidelines,the Project site is not on any of the lists enumerated unde Section 65962.5 of the Government Code. r
The MND identi?es that the proposed project would result in no impact or less than signi?cant impacts in the following environmental impact categories: aesthetics, agricultural and forestry resources, hydrology and water quality, land use and planning, mineral resources, population an
housing, recreation, transportation and traffic, Tribal Resources, and utilities and service systems.
With the incorporationof mitigation measures identi?ed in the MND, the potentially signi?cant impacts of the proposed project in the following categories would be reduced below a level of signi?cance: air quality, biological resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, cultural resources, and noise. No signi?cant and unmitigable impactshave been identi?ed in the MND. The Notice of Intent to adoptthe MND was publishe in the San Gabriel Valley Examiner on June 9, 2022, and the MND was released forda 30-day public comment period beginning on June 9, 2022 and ending on July 8, 2022. The Final MND, which consists of the Draft MND, Comments on the Draft MND, and Responses to Comments, has been completed in accordance with the requirements of CEQA; and WHEREAS, on September 13, 2022, the Planning Commission conducted a duly noticed public hearing and considered the proposed Zone Change (ZCH) 22-03. A?er receiving oral and written evidence, and public input, the Planning Commission concluded the hearing on September 13, 2022, and by a vote, adopted Resolution No. 2022-015 PC recommending to the City Council the approval of the Zone Change (ZCH) 22-03; and WHEREAS, on , the City Council of the City of Covina held a duly noticed public hearingas prescribedby law to consider the proposedZone Change (ZCH) 22-03 and any comments received prior to or at the public hearing, at which time staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to proposed Zone Change (ZCH) 22-03. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Zone Change (ZCh) 22-03, the City Council closed the public hearing on that same date; and WHEREAS, all legal prerequisitesprior to adoptionof this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are incorporatedherein and made an operative part of this Ordinance.
SECTION 2. California Environmental Quality Act Findings. The City Council, af?rms the determination of the Planning Commission that the proposed Zone Change (ZCH) 22-03 would result in no impact or less than signi?cant impacts in the following environmental impact categories: aesthetics, agricultural and forestry resources, hydrology and water quality, land use and planning, mineral resources, population and housing, recreation, transportation and traf?c, Tribal Resources, and utilities and service systems. With the incorporationof mitigationmeasures identi?ed in the MND, the potentially signi?cant impacts of the Zone Change (ZCH) 22-03 would be reduced below a level of signi?cance in the following categories: air quality, biological resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, cultural resources, and noise. The City Council has reviewed the administrative record concerning the proposedZCH 22-03 and the proposedCEQAdetermination,and based on its own independen judgement, adoptthe MitigatedNegative Declaration and the MitigationMeasures andtMonitoring Program.
SECTION 3. Findings for ZCH 22-03. Based on the evidence in the record, reviewing the recommendation of the Planning Commission, and after fully informed, the City Council hereby ?nds that the proposedZone Change (ZCH) 22-003 is consistent with the Land Use Plan and the Programs and Implementation Measures of the Covina General Plan Land Use Element, and is in compliance with State Law.
SECTION 4. Approval. In consideration of the ?ndings stated above, the City Council of the City of Covina does hereby approve Zone Change (ZCH) 22-03, amending the City’s Official Zoning Map to add MUOD to 85 parcelsand AHMUOD to 63 parcelswithin the 13 Project Areas throughout the City. The total acreage of parcels for the proposed MUOD and AHMUOD zone change is approximately 75.29 acres and the list of Assessor’s Parcel Numbers, as set forth in Exhibit “A”; and, incorporated herein by this reference as though set forth in full. Further, the City Council hereby directs the Director of Community Development to cause the amendment of the Official Zoning Map of the City of Covina to re?ect Zone Change (ZCH) 22-03.
SECTION 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The City Council hereby declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespectiveof the fact that any one or more sections, subsections, sentences, clauses, phrases, or portionsof this Ordinance be declared invalid or unenforceable.
SECTION 6. Savings Clause. Neither the adoption of this Ordinance nor the repeal or amendment by this Ordinance of any ordinance or part or portion of any ordinance previously in effect in the City or within the territory comprising the City, shall in any manner affect the prosecutionfor the violation of any ordinance, which violationwas committedpriorto the effective date of this Ordinance, nor be construed as a waiver of any license, fee or penalty or the penal provisions applicableto any violation of such ordinances.
SECTION 7. Effective Date. This Ordinance shall become effective within thirty (30) days after its adoption.
SECTION 8. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be publishedwithin 15 days after its passage, in Code.
PASSED, APPROVED and ADOPTED 1s day of , 2022.
BY:
PATRICIA CORTEZ, MAYOR
City Council of Covina, Californi
CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Ordinance 22- were introduced for ?rst reading at a REGULAR meeting on the day of 7 2022. Thereafter, said Ordinance was duly approved and adopted at a REGULAR meeting of said City Council on the
AYES:
NOES:
ABSENT:
ABSTAIN:
Dated:
day of
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
, 2022, by the following vote:
FABIAN VELEZ
FABIAN VELEZ, DEPUTY CITY CLERK
CANDICE K. LEE, CITY ATTORNEY
LIST OF ASSESSORS PARCEL MAP NUMBERS WITH MIXED-USE
OVERLY DISTRICT (MUOD) AND AFFORDABLE HOSING MIXED-USE
OVERLAY DISTRICT (AHMUOD)
EXHIBIT A
ZONE CHANGE (ZCH) 22-03
ORDINANCE NO. 22- _ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, APPROVING ZONING CHANGE (ZCH) 22-06, AND
AMENDING THE CITY’S OFFICIAL ZONING MAP TO CHANGE THE
ZONING FROM C-P, COMMERCIAL, ADMINISTRATIVE, AND
PROFESSIONAL OFFICE ZONE TO RD, RESIDENTIAL (MULTIFANIILY) ZONE, CONSISTENT WITH THE EXISTING GENERAL PLAN
LAND USE DESIGNATION OF HIGH DENSITY RESIDENTIAL, FOR
PROPERTY LOCATED AT 544 E. RUE ROYALE, APN: 8429-035-015.,
AND MAKE FINDINGS PURSUANT TO CEQA
WHEREAS, the City is responsible for adopting and implementing land use regulations within its boundaries; and
WHEREAS, in response to the Housing Element of the Covina General Plan forthe 2021- 2029 planning period and the Regional Housing Needs Allocation (RHNA), there is a need to establish the Mixed-Use Overlay District (MUOD) and Affordable Housing Mixed-Use Overlay District (AHMUOD), and to rezone selected sites for accommodating potential new housing development. The MUOD and AHMUOD together with the rezoning of selected sites will encourage the development of housing, especially affordable housing, as a means of meeting the City's obligations under state lawto provideopportunitiesfor housing developments inaccordanc with the City's RI-INAallocation;and e
WHEREAS, CMC Chapter 17.80 provides the procedures and proceedings for any amendmentto the text of Title 17 (Zoning) of the CMC and the Zone Change to the OfficialZoning Map of City of Covina; and
WHEREAS, Government Code Section 65855 requiresthat at the hearing, the Plannin Commission render its decision in the form of a written recommendationto the City Council, g and transmit the recommendation in such form and manner as specified by the City Council; and WHEREAS, CMC Section 17.80.050 further provides that any recommendation by the Planning Commission for an amendment shall require an af?rmative vote of not less than twothirds of the total voting members after at least one public hearing and must be filed with the City Council, together with a report of ?ndings, hearings, and other supporting data, within thirty (30) days after the conclusion of the public hearing; and
WHEREAS, In accordance with California Environmental Quality Act (CEQA), the City has analyzed the project, proposed Zone Change (ZCH) 2206, and concluded that the project i s exempt from the requirements of the California Environmental Quality Act (CEQA) per CEQ Guidelines Section 15061(b)(3), because the activity in questiondoes not have a significantAeffect on the physical environment. Further, it can be seen with certainty that there is no possibility that this amendment may have a significant adverse effect on the environment. Adoption of the Zone Change would not approve any development project or other physical change to the environment;
WHEREAS, on September 13, 2022, the Planning Commission conducted a duly noticed public hearing and considered the proposedZone Change (ZCH) 22-06. After receiving oral and written evidence, and public input, the Planning Commission concluded the hearing on September 13, 2022, and by a vote, adopted Resolution No. 2022-015 PC recommending to the City Council the approval of the Zone Change (ZCH) 22-06; and WHEREAS, on ,the City Council of the City of Covina held a duly noticed public hearing as prescribed by law to consider the proposed Zone Change (ZCH) 22-06 and any comments received prior to or at the public hearing, at which time staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to proposed Zone Change (ZCH) 22-06. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Zone Change (ZCH) 22-06, the City Council closed the public hearing on that same date; and WHEREAS, all legal prerequisites prior to adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are incorporated herein and made an operative part of this Ordinance.
SECTION 2. California Environmental Quality Act Findings. The City Council, affirms the determination of the Planning Commission that the proposed Zone Change (ZCH) 22-06 is exempt from the requirements of CEQApursuant to CEQAGuidelines (14 Cal. Code Regs. § 15000 et seq.) Section lS06l(b)(3) because no development project or other physical change to the environment would be approved by the adoptionof the Zone Change.
SECTION 3. Findings for ZCH 22-06. Based on the evidence in the record, reviewing the recommendation of the Planning Commission, and after fully informed, the City Council hereby ?nds that the proposed Zone Change (ZCH) 22-006 is consistent with the Land Use Plan and the Programs and ImplementationMeasures of the Covina General Plan Land Use Element, and is in compliancewith State Law.
SECTION 4. Approval. In consideration of the findings stated above, the City Council of the City of Covina does hereby approve Zone Change (ZCH) 22-06, amending the City’s Official Zoning Map to change the zoning from C-P, Commercial, Administrative, and Professional Office Zone to RD Residential Zone (Multi-family), consistent with the existing General Plan Designation of High-Density Residential, for property located at 544 E. Rue Royal Street, APN:
8429-O35-015. Further, the City Councilhereby directsthe Director of CommunityDevelopmen t
to cause the amendment of the Official Zoning Map of the City of Covina to re?ect Zone Change (ZCH) 22-06.
SECTION 5. Severabilig. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and
effect. The City Council hereby ec ares a 1 w u have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespectiveof the fact that any one or more sections, subsections, sentences, clauses, phrases, or portionsof this Ordinance be declared invalid or unenforceable.
SECTION 6. Savings Clause. Neither the adoption of this Ordinance nor the repeal or amendment by this Ordinance of any ordinance or part or portion of any ordinance previously in effect in the City or within the territory comprising the City, shall in any manner affect the prosecutionfor the violation of any ordinance, which violation was committedpriorto the effective date of this Ordinance, nor be construed as a waiver of any license, fee or penalty or the penal provisionsapplicableto any violation of such ordinances.
SECTION 7. Effective Date. This Ordinance shall become effective within thirty (30) days after its adoption.
SECTION 8. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinanceto be publishedwithin 15 days after its passage, in the Code.
PASSED, APPROVED and ADOPTED IS day of , 2022.
City Council of Covina, California
FABIAN VELEZ, DEPUTY CITY CLERK
BY:
PATRICIA CORTEZ, MAYOR
CANDICE K. LEE, CITY ATTORNEY
CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Ordinance 22- were introduced for first reading at a REGULAR meeting on the day of 9 2022. Therea?er, said Ordinance was duly approved and adopted at a REGULAR meeting of said City Council on the day of
AYES:
NOES:
ABSENT:
ABSTAIN:
Dated:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
, 2022, by the following vote:
FABIAN VELEZ
ORDINANCE 22-12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, APPROVING ZONING CODE AMENDMENT (ZCA) 22-03 BY ADDING CHAPTER 17.59 (MIXED-USE OVERLAY DISTRICT) AND CHAPTER 17.31 (AFFORDABLE HOUSING MIXED-USE OVERLAY
DISTRICT) TO TITLE 17 OF THE COVINA MUNICIPAL CODE, AND
ESTABLISHING NEW DEVELOPMENT REGULATIONS FOR MUOD
AND AHMUOD, AND MAKE FINDINGS PURSUANT TO CEQA
WHEREAS, the City is responsible for adopting and implementing land use regulations within its boundaries; and
WHEREAS, in response to the Housing Element of the Covina General Plan for the 2021- 2029 planning period and the Regional Housing Needs Allocation (RHNA), there is a need to establish the Mixed-Use Overlay District (MUOD) and Affordable Housing Mixed-Use Overlay District (AHMUOD). The MUOD and AHMUOD aim to encourage the development of housing, especially affordable housing, as a means of meeting the City's obligations under state law to provide opportunities for housing developments in accordance with the City's RHNA allocation; and
WHEREAS, CMC Chapter 17.80 provides the procedures and proceedings for any amendment to the text of Title 17 (Zoning) of the CMC and the Zone Change to the Official Zoning Map of City of Covina; and
WHEREAS, Government Code Section 65855 requires that at the hearing, the Planning Commission render its decision in the form of a written recommendation to the City Council, and transmit the recommendation in such form and manner as specified by the City Council; and WHEREAS, CMC Section 17.80.050 further provides that any recommendation by the Planning Commission for an amendment shall require an affirmative vote of not less than twothirds of the total voting members after at least one public hearing and must be filed with the City Council, together with a report of findings, hearings, and other supporting data, within thirty (30) days after the conclusion of the public hearing; and
WHEREAS, in accordance with CEQA, the City of Covina has completed an Initial Study to determine whether the Project may have a significant effect on the environment. The Initial Study concludes that the Project, with mitigation measures, will not have a significant effect on the environment. The City has therefore prepared a Mitigated Negative Declaration (MND), to be considered by the Planning Commission and City Council. Pursuant to Section 15072 of the CEQA guidelines, the Project site is not on any of the lists enumerated under Section 65962.5 of the Government Code.
WHEREAS, The MND identifies that the proposed project would result in no impact or less than significant impacts in the following environmental impact categories: aesthetics, agricultural and forestry resources, hydrology and water quality, land use and planning, mineral resources, population and housing, recreation, transportation and traffic, Tribal Resources, and utilities and service systems. With the incorporation of mitigation measures identified in the MND,
Ordinance 22-12 Page 2 of 4
the potentially significant impacts of the proposed project in the following categories would be reduced below a level of significance: air quality, biological resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, cultural resources, and noise. No significant and unmitigable impacts have been identified in the MND. The Notice of Intent to adopt the MND was published in the San Gabriel Valley Examiner on June 9, 2022, and the MND was released for a 30-day public comment period beginning on June 9, 2022 and ending on July 8, 2022. The Final MND, which consists of the Draft MND, Comments on the Draft MND, and Responses to Comments, has been completed in accordance with the requirements of CEQA; and WHEREAS, on September 13, 2022, the Planning Commission conducted a duly noticed public hearing and considered the proposed Zoning Code Amendment (ZCA) 22-03. After receiving oral and written evidence, and public input, the Planning Commission concluded the hearing on September 13, 2022, and by a 5-0-0 vote, adopted Resolution No. 2022-015 PC recommending to the City Council the approval of the Zoning Code Amendment (ZCA) 22-03; and
WHEREAS, on October 18, 2022, the City Council of the City of Covina held a duly noticed public hearing as prescribed by law to consider the proposed Zoning Code Amendment (ZCA) 22-03 and any comments received prior to or at the public hearing, at which time staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to proposed Zoning Code Amendment (ZCA) 22-03. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Zoning Code Amendment (ZCA) 22-03, the City Council closed the public hearing on that same date; and
WHEREAS, all legal prerequisites prior to adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are incorporated herein and made an operative part of this Ordinance.
SECTION 2. California Environmental Quality Act Findings. The City Council, affirms the determination of the Planning Commission that the proposed Zoning Code Amendment (ZCA) 22-03 would result in no impact or less than significant impacts in the following environmental impact categories: aesthetics, agricultural and forestry resources, hydrology and water quality, land use and planning, mineral resources, population and housing, recreation, transportation and traffic, Tribal Resources, and utilities and service systems. With the incorporation of mitigation measures identified in the MND, the potentially significant impacts of the Zoning Code Amendment (ZCA) 22-03 would be reduced below a level of significance in the following categories: air quality, biological resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, cultural resources, and noise. The City Council has reviewed the administrative record concerning the proposed ZCA 22-03 and the proposed CEQA determination, and based on its own independent judgement, adopt the Mitigated Negative Declaration and the Mitigation Measures and Monitoring Program.
Ordinance 22-12 Page 3 of 4
SECTION 3. Findings for ZCA 22-03. Based on the evidence in the record, reviewing the recommendation of the Planning Commission, and after fully informed, the City Council hereby finds that the proposed Zoning Code Amendment (ZCA) 22-003 is consistent with the Land Use Plan and the Programs and Implementation Measures of the Covina General Plan Land Use Element, and is in compliance with State Law.
SECTION 4. Approval. In consideration of the findings stated above, the City Council of the City of Covina does hereby approve Zoning Code Amendment (ZCA) 22-03, by adding Chapter 17.59 (Mixed-Use Overlay District) and Chapter 17.31 (Affordable Housing Mixed-Use Overlay District) to Title 17 of the Covina Municipal Code, and establishing new regulations for future mixed-use developments in the City as set forth in Exhibit “A”; and, incorporated herein by this reference as though set forth in full.
SECTION 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The City Council hereby declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.
SECTION 6. Savings Clause. Neither the adoption of this Ordinance nor the repeal or amendment by this Ordinance of any ordinance or part or portion of any ordinance previously in effect in the City or within the territory comprising the City, shall in any manner affect the prosecution for the violation of any ordinance, which violation was committed prior to the effective date of this Ordinance, nor be construed as a waiver of any license, fee or penalty or the penal provisions applicable to any violation of such ordinances.
SECTION 7. Effective Date. This Ordinance shall become effective within thirty (30) days after its adoption.
SECTION 8. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be published within 15 days after its passage, in accordance with Section 36933 of the Government Code.
PASSED, APPROVED and ADOPTED this ___ day of _____, 2022.
City of Covina, California
BY:
PATRICIA CORTEZ, Mayor
ATTEST:
FABIAN VELEZ, Deputy City Clerk
Ordinance 22-12 Page 4 of 4
APPROVED AS TO FORM:
____________________________________
CANDICE K. LEE, City Attorney
CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Ordinance 22-12 was introduced for first reading at a regular meeting on the ____ day of ______, 20__. Thereafter, said Ordinance was duly approved and adopted at a regular meeting of said City Council on the _____ day of ______, 20__, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Dated:
FABIAN VELEZ, Deputy City Clerk
Ordinance 22-12 Exhibit A
EXHIBIT A
ZONING CODE AMENDMENT 22-03
DRAFT CHAPTERS 17.59 AND 17.31, TITLE 17 OF THE
COVINA MUNICIPAL CODE
1 ORDINANCE 22-12 - EXHIBIT A
Chapter 17.59
MIXED-USE OVERLAY DISTRICT (MUOD)
Sections:
Section 17.59.010 Intent, Purpose, and Applicability
Section 17.59.020 Definitions
Section 17.59.030 Permitted and Conditional Uses
Section 17.59.040 Accessory Uses
Section 17.59.050 Uses not Listed
Section 17.59.060 Property Development Standards and Special Development Regulations Section 17.59.070 Statement of Intent for Objective Design and Architectural Standards Section 17.59.080 Objective Design and Architectural Standards Section 17.59.090 Submittal Requirements and Applications Section 17.59.100 Review Process, Approval Authority, and Appeal Procedures Section 17.59.010 Intent, Purpose, and Applicability
A. The intent of this Mixed-Use Overlay District (MUOD) is to guide and regulate future mixed-use development in accordance with the policies and objectives of the Mixed-Use land use designation as established in the Covina General Plan. The MUOD establishes specific development regulations and design criteria/standards with the goal of achieving high-quality mixed-use projects, which can be applied on a project-by-project basis to areas that are designated General Commercial or Industrial in the General Plan.
B. The purpose of this MUOD is to:
1. Encourage mixed-use projects that combine residential with non-residential uses in the same building or project/building site area as a means to create an active street life, enhance the vitality of businesses, and reduce the need for automobile travel.
2. Create cohesive yet diverse neighborhoods with increased economic and cultural opportunities, contributing to greater livability and a healthier local economy.
3. Provide walkable neighborhoods with pedestrian-oriented amenities and connections.
4. Enhance the appearance of the City by considering the creative design of buildings, structures, and facilities.
5. Provide a meaningful blend of residential and non-residential uses that ensure compatibility within the project area and with surrounding uses and development patterns.
6. Encourage and facilitate in-fill development. Encourage consolidation of small parcels into larger, more viable, block-sized areas for mixed-use projects.
7. Provide a diversity of housing options and affordability, and accommodate live/work units and spaces that enable residents to live closer to where they live, work and recreate.
8. Create more opportunities for residential development in the City.
C. Applicability.
2 1. The MUOD is an overlay zone. Uses allowed in the underlying zoning classification will continue to be allowed. The MUOD establishes regulatory standards and procedures that are flexible enough to review and approve future mixed-use developments that benefit the City and future applicants. Applicants can choose to either comply with the development and design standards and requirements established with the underlying zoning classification per the existing Zoning Code or comply with the mixed-use development and design standards and requirements described in this Chapter.
2. Property classified with a MUOD shall be identified on the City’s Official Zoning Map by both the underlying zone and the MUOD by listing the (MUOD) classification in parenthesis after the underlying zoning classification.
Section 17.59.020 Definitions
The following definitions apply to mixed-use development within the MUOD.
1. Floor Area Ratio: The Floor Area Ratio (FAR) regulates the amount of use (the intensity) allowed on a building lot. FAR is the measurement of a building's floor area relative to the size of the lot/parcel on which the building is located. FAR is expressed as a decimal number and is derived by dividing the total area of the building by the total area of the parcel (building area ÷ lot area).
2. Lot Coverage: The percentage of the lot area covered by structures or buildings, including all accessory buildings such as detached recreation buildings, laundry buildings, carports or garages and other similar detached structures. Not included in the lot coverage are trellises, patios, patio covers within common open spaces, and trash enclosures areas.
3. Live‐Work Unit or Space: A rental or ownership unit consisting of both living spaces and work areas, where the live-work unit is the primary dwelling of the occupant. Typical uses include artist lofts, studio spaces, small offices, or similar low-intensity uses.
4. Maker Space Activities and Uses: Uses such as artist studios and galleries, incubator industrial uses, 3-D printing services, wholesale and retail coffee with on-site roasting and café, and research and technology (invention, design and improvement of products and equipment) uses such as artificial intelligence, software, audio and visual technology.
5. Mixed-Use Development: Projects that combine residential uses with other types of uses such as commercial, office, light industrial, and institutional uses, as well as pedestrian amenities and connections in a single cohesive project. Both horizontal and vertical mixed-use development will be allowed as follows:
3 a. Horizontal Mixed-Use: Horizontal mixed-use projects allow a range of uses in a single development project area where uses are adjacent to one another, either in separate buildings or on separate parcels included in a single project application. Internal streets and drives connect the separate but adjacent uses with pedestrian connections and pathways. The buildings and individual project components may have common features and support services such as parking, servicing, loading, and utility areas. b. Vertical Mixed-Use: Vertical mixed-use projects allow for a mix of uses in the same building where non-residential uses occupy the ground floor and residential uses occupy the upper levels. A vertical mixed-use project may have a surface parking lot, subterranean parking decks, and/or above-ground parking decks.
6. Net acre: Net acre means the total land area after the land dedication for a public street.
7. Research and Development: Work and activities directed toward the innovation, introduction, and improvement of products and processes.
Section 17.59.030 Permitted and Conditional Uses
A. If a mixed-use development project is located within an Industrial Zone and proposes to develop a mix of residential and non-residential uses within the same project area, the following uses are permitted:
1. Residential Uses
a. Multiple-family dwellings such as townhouses, stacked flats, open floor plan lofts, apartments, condominiums, and similar housing types.
b. Accessory Dwelling Units and Junior Accessory Dwelling Units, subject to the provisions of Chapter 17.69.
c. Live-work units. The living (dwelling) space shall occupy a minimum of 80% of the total gross floor area of the unit, while the workspace shall occupy a minimum of 500 square feet. The workspace area within the live-work unit is prohibited from converting the space into an accessory dwelling unit. The following are permitted uses within live-work units:
i. Professional, administrative, and business uses
ii. Studios (art, photography, copywriter, film video, podcasting) iii. Arts and craft studios, including sales and galleries iv. Tutoring services such as music, math, and other academic subjects with a maximum of two students attending the tutoring service at any one time. v. Home-based cottage food business
d. Small Family Day Care (up to 8 children) and Large Family Day Care (up to 14 children).
2. Industrial Uses
a. Light Manufacturing uses, including manufacturing of crafts, art, sculptor, stained glass, jewelry, apparel, small household furniture, and similar items. b. Furniture upholstery activities, including custom household upholstery of chairs, couches, sofas, etc.
c. Craft brewery or winery production, without on-site testing or sales.
4 d. Research and development uses and activities, including businesses that result in new technology that could be used to create new products, services, and/or systems that could either be used or sold.
e. Technology-related uses, such as computer and software development, electronics, etc. f. Podcast and small-scale video production.
g. Small-scale food preparation and/or packaging.
h. Bicycle sales and service.
i. Maker space activities and uses per Section 17.59.020 (4).
3. Commercial Uses
a. Shared food and retail facilities, such as food halls. b. Cafés, tea shops, and restaurants (without serving alcohol). c. Small neighborhood markets (less than 5,000 square feet). d. Florists and plant shops.
e. Interior decorating services (without warehousing of products). f. Professional, administrative, and non-medical office uses.
4. Community Spaces and Areas
a. Community spaces and areas including plazas, open spaces, co-working spaces, and recreation areas.
b. Community spaces and areas within live/work buildings.
5. Uses permitted subject to a Conditional Use Permit (Chapter 17.62) The establishment of the following conditionally permitted uses shall require approval of a Conditional Use Permit pursuant to Chapter 17.62 as part of a mixed-use development project, in addition to the Site Plan Review approval required pursuant to this Chapter and Chapter
17.64:
a. Craft brewery and winery with on-site tasting and sales. b. Personal training, gym and fitness centers, gymnastic schools, and health clubs (less than 5,000 square feet).
c. Religious and public assembly.
d. Catering services.
5 e. Research and development (R and D), and manufacturing of biotech, pharmaceutical, and nutritional supplements. Incidental retail of the on-site manufactured product is allowed.
The floor area for incidental retail spaces shall not exceed 10% of the gross floor area of the R and D and manufacturing use.
B. If a mixed use development project is located within a Commercial or Administrative/Professional Zone and proposes to develop with a mix of residential and non-residential uses within the same project area, as set forth in Section 17.59.060, the following uses are permitted:
1. Residential Uses
a. Single-family attached, duplexes, triplexes, or four-plexes. b. Multi-family dwellings such as townhouses, stacked flats, apartments, condominiums, and similar housing types.
c. Accessory Dwelling Units and Junior Accessory Dwelling Units, subject to the provisions of Chapter 17.69.
d. Live-work units. The living (dwelling) space shall occupy a minimum of 80% of the total gross floor area of the unit, while the workspace shall occupy a minimum of 500 square feet. The workspace area within the live-work unit is prohibited from converting the space into an accessory dwelling unit. The following are permitted uses within live-work units:
i. Professional, administrative, and business uses;
ii. Studios (art, photography, copywriter, video production, podcasting); iii. Arts and craft studios, including sales and galleries; iv. Tutoring services such as music, math, and other academic subjects with a maximum of two students attending the tutoring service at any one time; and v. Home-based cottage food business.
e. Small Family Day Care (up to 8 children) and Large Family Day Care (up to 14 children).
2. Commercial uses.
a. All permitted uses under C-P Commercial Zone (Commercial, Administrative and Professional, Office Zone) Chapter 17.34 and C-2 Commercial zone (Neighborhood Shopping Center) Chapter 17.38 are permitted as part of a mixed-use development project.
3. Conditionally permitted uses.
a. The conditionally permitted uses identified in Sections 17.34.030 and 17.38.030 shall be allowed with the approval of a Conditional Use Permit pursuant to Chapter 17.62 as part of a mixed-use development project, in addition to the Site Plan Review approval required pursuant to this Chapter and Chapter 17.64.
Section 17.59.040 Accessory Uses
The following accessory uses are permitted within a mixed-use project:
1. Parking lots associated with a mixed-use project.
2. Electric vehicle charging stations.
6 3. Public and private recreation facilities.
4. Mechanical utility equipment (Refer to screening requirements in Section 17.59.060 B10 and B12).
5. Dog parks.
6. Smart electronic lockers system, self-service package lockers system, or package lockers system kiosks.
Section 17.59.050 Uses not listed
The Director of Community Development (Director) may determine that a proposed use not listed in Section 17.59.030 may be allowed, subject to the following use findings:
A. The characteristics of and activities associated with the proposed use are equivalent to those of one or more of the uses listed in the underlying zoning classification and this Chapter. The proposed use will not involve a higher activity or population density level than the uses listed in the underlying zoning classification and this Chapter.
B. The proposed use will meet the purpose or intent of the underlying zoning classification and this Chapter as applied to the site.
C. The proposed use will be consistent with the goals and visions of this Chapter and the General Plan and any applicable Specific Plan.
Section 17.59.060 Property Development Standards and Special Development Regulations The following property development standards and special development regulations shall apply to any project developed pursuant to this Chapter.
A. Development Standards
1. Minimum Project Area Size
20,000 square feet
2. Density and Intensity
a. Residential Density
i. Less than 1.0 Acre: A minimum of 14.0 and a maximum of 22.0 dwelling units per net acre
ii. 1.00 Acre or greater: A minimum of 22.0 and a maximum of 40.0 dwelling units per net acre
b. Non-Residential Floor Area Ratio
i. Less than 1.0 Acre: 1.0 FAR (excluding any residential areas) ii. 1.00 Acre or greater: 1.25 FAR (excluding any residential areas) c. Mixed-use projects may develop under the maximum FAR for non-residential development and maximum density for residential development within the same project area provided all standards in this section, and other applicable sections in the CMC Title
7 17 are met. Notwithstanding the foregoing, a mixed-use project must dedicate at least 25% of the total gross floor area to non-residential use.
3. Lot Coverage, Building Setbacks, Building Heights, and Step-Back Standards for Horizontal and Vertical Mixed Uses – Table17.59.060-A3 :
a. For Residential Uses. Except as established in this Section, all other regulations and standards of the RD Residential Zone (Multi-Family) shall apply. b. For Commercial Uses. Except as established in this Section, all other regulations and standards of the underlying zone, either C-P or C-2, shall apply. c. For Industrial Uses. Except as established in this Section, all other regulations and standards of the underlying M-1 zone shall apply.
d. The following Lot Coverage, Building Setbacks, Building Heights, and Step-Back Requirements shall apply:
Table 17.59.060-A3
Lot Coverage, Building Setbacks, Building Heights, and Step-Back Requirements Standards Horizontal Mixed Use (1) Vertical
Mixed Use
(1)
Residential Commercial Industrial
Lot Coverage (Maximum) 45% 60% 60% 60%
Building Setbacks (feet) from Property
Lines
Front setback 15 10 10 10
Street side setback 10 10 10 10
Alley setback 5 5 5 5
Interior side setback, adjacent to singlefamily residential zones10 10 10 10 Interior side setback, adjacent to multifamily zones10 10 10 10 Interior side setback, adjacent to nonresidential zones10 5 5 5 Rear setback, adjacent to single-family
residential zones
15 15 15 15
Rear setback, adjacent to multi-family
zones
10 10 10 10
Rear setback, adjacent to non-residential
zones
10 10 10 10
Accessory Structures (feet) within Front
Yard
15 10 10 10
Accessory Structures (feet) from Rear,
Street Side, and Interior Side Property
Line
Detached garages or carports, other
detached accessory structures such as trash
enclosure areas, covered patio, etc.
5 5 5 5
Building Height (feet)
8 Maximum building height 50 50 50 50
Building Step-back (feet) from Property
Line
Third story and above: step-back from
street side and interior side when adjacent
to single-family residential zones
15 15 15 15
Third story and above: step-back from rear
when adjacent to single-family residential
zones
20 20 20 20
Notes:
(1) See definitions of the Horizontal Mixed-use, and Vertical Mixed-use.
4. Minimum Separation Between Buildings Within Project Site Area for Residential, NonResidential or Mixed-use Buildings, Pursuant to Table 17.59.060-A4 below:
Table 17.59.060-A4
Minimum Separation Between Buildings Within Project Site Residential, Non-Residential, or
Mixed-use Buildings
1- Or 2-Story
(distance in feet)
3-Story
(distance in feet)
4-Story or More
(distance in feet)
Residential buildings adjacent to
commercial, industrial or mixed-use
buildings
20 20 20
Building side to building side 10 15 15
Building front to building front 15 20 25
Building rear to building rear 10 15 15
Building side to drive aisle curb 5 10 15
Garage, carports or accessory
structures to habitable buildings
10 10 10
Other 10 10 10
B. Special Development Regulations
1. A licensed Architect, Landscape Architect and/or Civil Engineer shall prepare the development plans for any mixed-use project.
2. Ground Floor Height. The minimum ground floor height of all non-residential spaces within vertical mixed-use projects shall be 15 feet. The ground floor height shall be measured from the first story’s finished floor to the second story’s floor. Plans must demonstrate that the floor space will accommodate equipment and ventilation for the non-residential tenant use.
3. Grease Interceptors and Vertical Mechanical Vents. All commercial spaces shall provide grease interceptors and vertical mechanical chases for venting. The grease interceptor(s) shall be underground and "stubbed in" the infrastructure. Residential units above commercial spaces shall be constructed with mechanical shafts to the roof. The development plans must show the location(s) of grease interceptors and the vertical mechanical chase.
4. Sound and Vibration Insulation. Provide sound and vibration insulation between floors for vertical mixed-use projects to ensure that noise levels do not exceed 60 decibels between 7:00 AM and 10:00 PM; and 45 decibels between 10:00 PM and 7:00 AM. An acoustical study shall determine the sound and vibration attenuation measures for reducing noise from the ground floor tenant(s).
9 5. Access, Circulation and Mobility. The design of access and circulation improvements must accommodate multiple users with different abilities and transportation mode preferences such as driving, biking, walking, ride share, and taking transit. Use shared driveway access to serve more than one property. Each driveway access shall be aligned with the driveway across the street or at a median opening. If alignment is not possible, driveways access shall be offset a minimum of 150 feet from those on the opposite side of the street. Design must not create vehicle and pedestrian conflicts.
6. Pedestrian Orientations, Connections, and Amenities. Provide clear delineation of pedestrian walkways or bike trails with decorative pavement materials, landscaping, and lighting for safety. Incorporate a minimum of 5 pedestrian amenities, including but not limited to decorative pavement, trellises and arbor features, site furniture, shade structures, wider sidewalks, curb extensions, parklets, benches, and canopy-shaped evergreen shade trees.
Decorative pavement materials shall be either heavy broom finished integral color concrete, acid finished natural concrete or brick pavers, or a combination of the mentioned materials.
7. Fences and Walls. The maximum fence and wall height shall be 6 feet. Within front yard area, the maximum fence and wall height shall be 3 feet and shall be of open fence design with wrought iron and decorative pilasters. Fences and walls shall use the same materials, finished textures, and colors as the primary buildings and structures in the project. Fences and walls shall incorporate at least 2 of the following features: a minimum of 2-foot change in plane for at least every 25 lineal feet; use of pilaster at 50 lineal feet intervals; use block with stucco, or split face block, or slump block; or pilaster with wrought iron.
8. Off-Street Parking. Parking standards for residential and non-residential uses shall follow the parking requirements set forth in Chapter 17.72. Parking incentives are as follows:
a. The first 1,000 square feet of commercial or non-residential floor area is exempt from parking requirements.
b. Two-car tandem parking shall be allowed to meet the residential parking requirements. c. For horizontal mixed-use development, the residential project is allowed to share the nonresidential parking spaces as residential guest parking spaces up to a maximum of 50% of the total required residential guest parking. Pedestrian pathways with direct and safe route to the shared parking spaces from the residential project to the non-residential project shall be provided.
d. For vertical mixed-use project, required parking spaces can be reduced by 10% if the mixed-use project includes all of the following features: a minimum of 2 parking spaces
10 designated for pick-up and drop-off spots for ride-hailing services, at least 1 loading space (14-foot width by 25-foot length) for parcel delivery services, and at least 1 smart electronic lockers system, and at least three 4-space bike racks.
9. Signs. Signage can be of varying shapes, types, styles, and color combinations. Canister and box signs are prohibited. A Sign Program shall be required to describe sign types, locations, sizes, colors, materials, and text and lettering for each building and use. A Sign Program shall be approved prior to issuance of building permit.
10. Screening of Equipment, Refuse Storage, and Loading Areas. Roof-mounted equipment shall be totally screened by parapet walls. Ground-mounted equipment, wall-mounted equipment, refuse collection areas, and loading areas shall be hidden from public view. Screening design, including colors, materials, and finishes, shall be the same as the architecture and design of the primary building(s).
11. Lighting. Exterior building lighting provides visibility and safety by illuminating sidewalks, pedestrian paths, and plazas. The light fixtures shall match the architectural style of the primary buildings. The maximum height of light poles from the finished surface to the top of the light fixture shall be 20 feet. Energy-efficient LED lights with shields shall be installed. The light illumination shall not exceed 1 footcandle at the property line. Applicant shall submit a photometric plan/diagram prepared by an licensed engineer to demonstrate compliance with the standard of 1 footcandle at the property line.
12. Placement of Utilities, Meters, and Transformers. All utility, meter, and transformer equipment shall be hidden from public view and must be shown on the site plan. All ground-mounted equipment including but not limited to transformers, and AC units must be totally screened by a decorative screen wall, landscaping, or a combination. Wall-mounted equipment shall match the building architectural style in terms of colors and materials.
13. Roof access shall be within the building. Any proposed exterior ladder for roof access must be hidden from public view and integrated into the design of the building.
14. Common Open Spaces. Horizontal and vertical mixed-use developments are required to provide common open spaces at a minimum of 5% of the total project site area. Setback areas shall not be used to satisfy common open space requirements. Common open space shall have 60% landscaping improvements. Common open spaces must provide at least 3 different types of following list of common open space:
a. Outdoor plazas. Outdoor plazas shall incorporate all of the following amenities: drinking fountains, water features, trash cans, accent lighting, and other similar enhancements that encourage public use and social gathering. Outdoor plazas for vertical mixed use projects shall be cited at locations with a visual connection with the public realm. b. Rooftop gardens.
c. Passive open space areas.
d. Community gardens.
e. Recreation centers.
f. Courtyards.
15. Incentive for Public Art. The installation of one piece of public art within an outdoor plaza is allowed a 1% reduction of the required common open space, which reduces the percentage of the common open space from 5% to 4% of total project site area. Public art may be in the form of a stand-alone sculpture or statue, or integrated into the building façade, or applied to a surface such as a mural, and shall be maintained for the life of the project. Public Art must be
11 3-dimensional and monumental in scale. “Monumental in scale” means that at least one dimension is 5 feet or larger.
16. Residential Private Open Spaces. Residential units require 100 square feet of private open space per unit. Private open space may include balconies, ground-level patios, or a combination of both.
17. Permitted Height Projections Above Limit for Vertical Mixed-Use Developments as follows:
a. A maximum of 10 feet of vertical height projections above the otherwise applicable building height limit is allowed for decorative features including spires, cupolas, or rooftop open space features (including sundecks, trellises and landscaping). Such decorative features may cover a maximum of 20% of the roof area. The decorative features must be set back from the exterior wall of the building by one foot for every foot of projection above the height limit.
b. A maximum of 16 feet of vertical height projections above the otherwise applicable building height limit is allowed for elevators and stair towers. Elevators and stair towers may cover a maximum of 10% of the roof area. The elevator and stair tower must be set back from the exterior wall of the building by one foot for every foot of projection above the height limit.
Section 17.59.070 Statement of Intent for the Objective Design and Architectural Standards A. Promote diversity of uses. Increase the diversity and range of uses and activities, such as housing, retail, services, offices, and civic and community facilities. The diversity of uses will attract activities at different times of the day and at appropriate locations. It strengthens the connection between people and places and promotes better urban design.
B. Integrate with existing neighborhoods. Minimize potential negative impacts on neighboring properties by transitioning the size, scale, and character of the mixed-use development with adjacent uses and neighborhoods.
C. Promote pedestrian orientation. Incorporate a pedestrian-friendly site design with direct walking and bicycling connections within the site and to surrounding areas. The design shall provide pedestrian-oriented architecture, well-defined street edges, active ground floors, and attractive building details.
D. Provide flexible transportation and parking approaches. Consider reducing parking requirements if a mixed-use development meets or provides the following measures: adjacent to local or regional transit lines or routes within a one-half mile; provide creative solutions such as shared parking, carsharing, and electric vehicle charges; and provide Transportation Demand Measures (TDM) to reduce vehicle miles traveled (VMT).
E. Promote attractive design and create a focal point for the community. Mixed-use developments are typically located at higher-profile locations and along major arterial and secondary roads. This serves as a community focal point for the neighborhood(s). Features shall provide easy access by foot; provide transit, bicycle, gateway, or landmark elements; and incorporate inviting gathering places that allow community activities.
F. Promote environmental sustainability. Incorporate green building techniques and infrastructure in building design for the efficient use of energy, water, construction materials, and waste reduction.
Section 17.59.080 Objective Design and Architectural Standards
12 Mixed-use developments subject to this Chapter are required to comply with the required threshold of the objective design and architectural standards listed under Table 17.59.080.
Table 17.59.080
Table of Objective Design and Architectural Standards
Objective Design and Architectural Standards Included
(Yes/No/NA)
I. Integrate with existing neighborhoods – must comply with all standards in this subsection I to meet threshold
1 Front porches and individual entries shall face the street or common open space. a. All ground-level units shall include an individual entry, porch, patio or terrace. b. A minimum of 50% of the upper-story units shall include a balcony or terrace.
II. Site Planning and Parking – must comply with 3 of 5 standards of this subsection II to meet threshold
1 Parking areas shall be located in the rear or interior of the lot/parcel or shall be screened from public right-of-way with landscaping and hedgerows (5-gallon size evergreen shrubs planted at 4 feet on center).
2 Loading areas shall be hidden from the street.
3 Vertical mixed-use buildings with 3 stories or more shall provide a minimum of 20 feet distance buffering from any property line adjacent to property zoned as a singlefamily residential zone. Landscaping, drive aisle, parking, or a combination of any of these features may encroach within the 20-foot distance buffering. 4 Parking areas shall include at least two of the following shade elements such as trees, vine covered trellises, and overhead solar panels.
5 For residential projects, a cluster or a row of units shall have a lateral shift or a complete break of at least 3 feet after every 3 units to avoid one continuous monotonous building setback.
III. Architectural Standards – must comply with 7 of 10 standards of this subsection III to meet threshold
1 Eliminate large blank exterior walls by providing varied building plane articulation. A long continuous building plane of up to 30 feet in length must have a 3-foot recess or pop-out architectural feature.
2 Incorporate into building facades human-scale detailing such as reveals, belt courses, cornices, structural and architectural bays, recessed windows or doors, mullions, awnings, covered arcades or porticos, arched columns, etc. Building design must incorporate at least a minimum of 4 mentioned detailing. 3 Provide vertical roof plane variation. Rooflines shall be vertically articulated at least every 48 feet along the street frontage through one of the following techniques: a change in wall or roof height of a minimum of 4 feet; a change in roof pitch; a change in roof form with respect to the direction of slopes; or the inclusion of dormers, towers, or parapets.
4 Provide non-habitable front porches and/or patios, which may project into the front yard setback by 5 feet for residential uses. Area of the front porch shall be a minimum of 45 square feet.
5 For non-residential use, building design shall include all of the following required architectural elements: awnings, towers, covered arcades, or porticos.
13 6 Locate all entries and entryways to be directly visible and accessible from the public sidewalk. Corner buildings shall have corner entries.
7 For non-residential or mixed use buildings, incorporate at least 3 building materials to add color, texture, variation, and interest. Acceptable building materials are stucco, tiles, concrete, stones or brick veneer, steel, or glass. 8 For residential buildings, incorporate at least 3 building materials to add color, texture variation, and interest. Acceptable building materials are stucco, tiles, culture stones or brick veneer, wood or simulated wood sidings, or authentic and natural (granite) river rock.
9 Employ accent materials such as tile insets, terra-cotta, natural or cultured stone medallions, roof cornices, brackets, window trims, etc., to add color, textures, and visual interest. Must incorporate at least 3 accent materials. 10 Buildings that are 3 stories or taller and wider than 30 feet shall be designed to differentiate the ground floor, middle body (i.e., all of the floors between the ground floor and top floor or cornice/parapet cap), and the top floor or cornice/parapet cap.
Each of these elements shall be distinguished from one another through the use of the techniques listed in 10a, 10b, and 10c:
a. Variation in building modulation for a minimum of 70% of the length of the façade through changes in wall planes that protrude or recess with a minimum dimension of 3 feet.
b. Variation in façade materials through the use of at least 2 of the following: size, texture, pattern, or color.
c. Variation in fenestration, through the following: incorporating a step-back, recession or projection with a minimum depth of 3 feet, and a change in surface area occupied by windows, doors, balconies, or trim by a minimum of 15%.
IV. Project Landscape and Hardscape – must comply with all standards of subsection IV to meet the threshold
1 Landscaping design and density shall incorporate the following features and requirements:
a 1 tree per 30 lineal feet of building perimeter and project boundaries. b 15-gallon minimum for tree size; 30% of the total trees at 24-inch box-size trees; 5- gallon size shrubs; and ground cover at 12 inches on center c Provide a mix of 35% evergreen trees, 35% deciduous trees and 30% flowering accent trees.
d Provide evergreen trees for shade along the south and west sides, and deciduous trees along the north and east sides.
e Provide evergreen and canopy shape trees for parking areas. Plant parking lot trees at a rate of 1 tree per 7 parking spaces and provide shade for over 50% of the parking area within 15 years (CAL Green Code).
f Use drought-tolerant planting and water-efficient irrigation. 2 Require special paving material such as interlocking pavers or stamped, integral colored concrete with patterns, or equivalent for hardscape within common open space.
V. Project Amenities – must comply with 2 of 5 standards of subsection V to meet the threshold
1 Incorporate one piece of public art within the outdoor plaza area. 2 Provide at least 1 innovative community feature including, but not limited to, a dog park for the project, outdoor dining and gathering areas, or at least one 1 or more secured parcel and package locker areas or other similar community features. 3 All buildings are Energy Star Certified.
14 4 Commercial use: Incorporate rooftop decks for restaurants, which will be counted towards the required common open space for total project site area. 5 Residential use or vertical mixed-use buildings: Incorporate a minimum of 500 square feet of interior community and shared co-workspace with office equipment and highspeed WIFI.
Section 17.59.090 Submittal Requirements and Applications Submittal of new construction, additions, renovations, and alterations of existing structures and site area shall comply with the requirements described in Chapter 17.64 (Site Plan Review) and any other requirements as deemed necessary by the Director. All submitted plans, including elevations, site plans, design plans, grading plans, utility plans, etc., shall be prepared by licensed architects and engineers. The Applicant shall be responsible to submit written materials demonstrating that the proposed project is in conformance with all Property Development Standards and Special Development Regulations (Section
17.59.060) and Objective Design and Architectural Standards (Section 17.59.080) of this Chapter and in the format or checklist as prescribed or issued by the Director.
Section 17.59.100 Review Process, Approval Authority, and Appeal Procedures A. Mixed-use projects that meet the requirements of this Chapter shall be reviewed in accordance with the Site Plan Review process in Chapter 17.64. If there is a conflict between the provisions of Chapter
17.64 and this Chapter, this Chapter shall prevail.
B. Applicant's Responsibility. The applicant shall prepare and submit plans, materials, studies, and reports according to the City's submittal checklists. All submitted plans, including elevations, site plans, design plans, grading plans, utility plans, etc., shall be prepared by licensed architects and engineers. The Applicant shall be responsible to submit written materials demonstrating that the proposed project is in conformance with all Property Development Standards and Special Development Regulations (Section 17.59.060 and Objective Design and Architectural Standards (Section 17.59.080) of this Chapter and in the format or checklist as prescribed or issued by the Director.
C. Planning Commission’s Authority. Pursuant to Section 17.64.050, the Planning Commission shall have the authority to approve, approve with conditions, or deny a project application under the MUOD.
D. Appeal Process and Procedures
1. All decisions of the Planning Commission shall be final unless appealed to the City Council.
An appeal shall be filed with the City Clerk within 10 calendar days after the decision by the Planning Commission. The City Council may affirm, reverse, or modify the Planning Commission’s decision. The decision of the City Council on such appeal shall be final.
2. All appeals shall be made in writing and filed during regular business hours at the designated location with the City Clerk. The appeal shall specify the decision appealed from, the specific action or relief sought by the appellant in the appeal, and the reasons why the Planning Commission’s action should be modified or reversed. All appeals are subject to public hearings.
3. A deposit or fee required by the City Council resolution or ordinance shall accompany the appeal request.
15 Chapter 17.31
AFFORDABLE HOUSING AND MIXED USE OVERLAY DISTRICT (AHMUOD) Sections:
Section 17.31.010 Intent, Purpose, and Applicability
Section 17.31.020 Definitions
Section 17.31.030 Mixed Use Projects
Section 17.31.040 Stand-Alone Residential Projects
Section 17.31.050 By-Right Approval Process for Projects with Twenty Percent Lower Income Housing Section 17.31.010 Intent, Purpose, and Applicability
A. The purpose of this Affordable Housing and Mixed Use Overlay District (AHMUOD) is to encourage the development of housing, and especially affordable housing, as a means of meeting the City’s obligations under state law to provide opportunities for housing developments in accordance with the Regional Housing Needs Assessment (RHNA) and the City’s RHNA allocation.
B. The AHMUOD is an overlay zone. Uses allowed in the underlying zoning classification will continue to be allowed. The AHMUOD provides the City with the necessary regulatory standards and procedures that are flexible enough to review and approve future mixed-use developments or 100% residential projects that benefit the City and future applicants. Applicants can choose to comply with either: (1) the development and design standards and requirements established with the underlying zoning classification per the existing Zoning Code; or (2) the development and design standards and requirements described in this Chapter.
C. Property classified with the AHMUOD shall be identified on the City’s Official Zoning Map by both the underlying zone and the AHMUOD by listing the (AHMUOD) classification with parenthesis after the underlying zoning classification.
Section 17.31.020 Definitions
A. Lower Income Households. The term “Lower Income Households” shall have the same meaning as that term is defined in Health and Safety Code Section 50079.5.
B. Total Units. The term “total units” shall have the same meaning as that term is defined in Government Code Section 65915.
Section 17.31.030 Mixed Use Projects
A. Mixed-use projects developed pursuant to this AHMUOD shall comply with all provisions of Sections 17.59.030 through 17.59.080 inclusive, except that projects seeking approval under this Chapter 17.31 shall include at least 50% of the total gross floor area of the project for residential use and the minimum density standard for a site less than 1.0 acre identified in Section 17.59.060.A.2.a.i shall be 20 units per acre.
B. Mixed-use projects seeking approval under this Chapter shall proceed through the approval process outlined in Section 17.59.100, unless the proposed project includes at least 20% of the total units as affordable for Lower Income Households in which case the approval process in Section 17.31.050 applies.
Section 17.31.040 Stand-Alone Residential Projects
16 A. Any property designated with AHMUOD may develop a stand-alone (100%) residential development, subject to the following requirements.
1. The residential density shall be:
a. Less than 1.0 Acre: A minimum of 20.0 and a maximum of 22.0 dwelling units per net acre b. 1.00 Acre or greater: A minimum of 22.0 and a maximum of 40.0 dwelling units per net acre
2. Except as required in this Section, all regulations and standards of the RD Residential Zone (Multi-Family) pursuant to Chapter 17.28 and the adopted Multi-family Objective Design Standards pursuant to Ordinance 21-09 shall apply. In the case of a conflict, the standards included in this Section shall control.
3. The project shall comply with all of the following objective design and architectural standards:
a. Porches, Entries, Balconies, Patios, and Terraces.
i. Front porches and individual entries shall face the street or common open space. ii. All ground-level units shall include an individual entry, porch, patio, or terrace. iii. A minimum of 50% of the upper-story units shall include a balcony or terrace. b. Site Planning and Parking.
i. Any surface parking areas shall include at least two of the following shade elements:
trees, vine covered trellises, and overhead solar panels. ii. A cluster or a row of units shall have a lateral shift or a complete break of at least 3 feet every 3 units to avoid one continuous monotonous building setback. c. Architectural Standards.
i. Eliminate large blank exterior walls by providing varied building plane articulation. A long continuous building plane of up to 30 feet in length must have a 3-foot recess or pop-out architectural feature.
ii. Incorporate into building facades at least 4 of the following human-scale detailing features: reveals, belt courses, cornices, structural and architectural bays, recessed windows or doors, mullions, awnings, covered arcades or porticos, arched columns. iii. Provide vertical roof plane variation. Rooflines shall be vertically articulated at least every 48 feet along the street frontage through one of the following techniques: a change in wall or roof height of a minimum of 4 feet; a change in roof pitch; a change in roof form with respect to in the direction of slopes, or the inclusion of dormers, towers, or parapets.
iv. Provide non-habitable front porches and/or patios, which may project into the front yard setback by 5 feet. Area of the front porch shall be a minimum of 45 square feet. v. Incorporate at least 3 of the following building materials into each building: stucco, tiles, culture stones or brick veneer, wood or simulated wood sidings, or authentic and natural (granite) river rock.
vi. Employ at least 3 of the following accent materials/features into each building: tile insets, terra-cotta, natural or cultured stone medallions, roof cornices, brackets, window trims.
vii. Buildings that are 3 stories or taller and wider than 30 feet shall be designed to differentiate the ground floor, middle body (i.e., all of the floors between the ground floor and top floor or cornice/parapet cap), and the top floor or cornice/parapet cap.
Each of these elements shall be distinguished from one another through the use of the all of these techniques: variation in building modulation for a minimum of 70% of the length of the façade through changes in wall planes that protrude or recess with a minimum dimension of 3 feet; variation in façade materials through the use of at least 2 of the following: size, texture, pattern, or color; and, variation in fenestration, through the following: incorporating a step-back, recession or projection with a minimum
17 depth of 3 feet, and a change in surface area occupied by windows, doors, balconies, or trim by a minimum of 15%.
d. Landscaping design and density shall incorporate the following features and requirements:
i. 1 tree per 30 lineal feet of building perimeter and project boundaries. ii. 15-gallon minimum for tree size; 30% of the total trees at 24-inch box-size trees; 5- gallon size shrubs; and ground cover at 12 inches on center iii. Provide a mix of 35% evergreen trees, 35% deciduous trees and 30% flowering accent trees.
iv. Provide evergreen trees for shade along the south and west sides, and deciduous trees along the north and east sides.
v. Provide evergreen and canopy shape trees for parking areas. Plant parking lot trees at a rate of 1 tree per 7 parking spaces and provide shade for over 50% of the parking area within 15 years (CAL Green Code).
vi. Use drought-tolerant planting and water-efficient irrigation. vii. Require special paving material such as interlocking pavers or stamped, integral colored concrete with patterns, or equivalent for hardscape within common open space.
B. The proposed project shall reserve at least 10% of the total units in the project as affordable housing for Lower Income Households. Affordable units shall be constructed concurrently with or prior to the construction of market-rate units.
C. The units shall be made available at an affordable housing cost in accordance with Government Code Section 65915, including but not limited to, the requirement that rental units that are reserved as affordable housing be made available as such for at least 55 years from the date of certificate of occupancy, and for sale units shall be reserved as affordable housing for at least 45 years from the date of occupancy.
D. All affordable housing units, rental or for-sale must be restricted by an agreement with the City to ensure the continued affordability of all affordable units, in compliance with Government Code Section 65915. The applicant shall provide evidence that such agreement has been recorded against all properties subject to this restriction before issuance of a building permit.
E. Nothing in this section shall be construed as replacing Government Code Section 65915 or Section
17.33.020.
F. Stand-alone residential projects seeking approval under this Chapter shall proceed through the approval process outlined in Section 17.59.100 unless the proposed project includes at least 20% of the total units as affordable for Lower Income Households in which case the approval process in Section 17.31.050 applies.
Section 17.31.050 By-Right Approval Process for AHMUOD Projects with Twenty Percent Lower Income Housing
A. Ministerial Review (By-Right) and Approval Process. Eligible housing projects, including mixeduse housing projects, that contain 20% of the total units for Lower Income Households shall be approved ministerially by the Director. All applications for streamlined ministerial review process shall be accompanied by materials as required by the Director to verify compliance with the requirements of this section. For mixed-use projects, the project shall comply with all requirements in Section 17.59.030 through 17.59.080. For stand-alone residential projects, the project shall comply with all requirements in Section 17.31.040 except subdivision “B.” B. Affordable housing units shall be constructed concurrently with, or prior to, the market-rate units.
The units shall be made available at an affordable housing cost in accordance with Government Code
18 Section 65915, including but not limited to, the requirement that rental units that are reserved as affordable housing be made available as such for at least 55 years from the date of certificate of occupancy, and for sale units shall be reserved as affordable housing for at least 45 years from the date of occupancy.
C. All affordable housing units, rental or for-sale must be restricted by an agreement with the City to ensure the continued affordability of all affordable units, in compliance with Government Code Section 65915. The applicant shall provide evidence that such agreement has been recorded against all properties subject to this restriction before issuance of a building permit.
D. Nothing in this section shall be construed as replacing Government Code Section 65915 or Section
17.33.020.
E. Tribal Cultural Resources. Projects eligible for ministerial approval pursuant to this section are exempt from the California Environmental Quality Act, but must comply with the requirements of California Native American Tribal Consultation in Government Code Sections 65913.4(b)(1) through 65913.4(b)(8), as those sections may be amended from time to time.
1. Upon receipt of an application, City staff shall engage in a scoping consultation regarding the project with any California Native American Tribe that is traditionally and culturally affiliated with the geographic area of the City, within 30 calendars days of receiving the application.
2. If, after concluding the scoping consultation. the City determines there is no impact to tribal cultural resources, the project will follow a ministerial review and approval process. If, after concluding the scoping consultation, the City determines there is potential impact to a tribal cultural resource, the developer shall enter into an enforceable agreement between the California Native American Tribe(s) and developer on methods, measures, and conditions for tribal cultural resource treatment,. The City shall not approve the project until the applicant has submitted fully executed agreement(s) with all California Native American tribes who tribal cultural resources may be impacted by the project.
F. Projects developed pursuant to the process provided by this Section shall comply with all of the following:
1. The project is required to annex into Community Facilities District 2007-01 (the "CFD") for the purpose of financing the Project's proportionate share of the cost for police response, fire and emergency medical response, and park services. The applicant shall petition the City to annex to the City’s existing CFD under the California Mello-Roos Community Facilities Act (Government Code, Section 53311 et seq.) (the Act"). The applicant agrees to cooperate and not to oppose annexation to the CFD for purposes set forth above. This annexation shall be completed prior to issuance of building permits
2. The project shall be annexed into the existing Landscape District and Lighting District, which shall be completed prior to issuance of building permits.
3. The project shall pay Development Impact Fees pursuant to Resolution 05-6475, prior to the release of the first dwelling unit for the project.
4. If the project includes a subdivision, the project shall be subject to Park (Quimby) Impact fees to the City for public parkland in accordance with Chapter 16.28 (Park Dedication and In-Lieu Fee Regulations).
5. The project shall comply with Los Angeles County Fire Department Codes and Regulations.
19 6. The project shall comply with the latest adopted California Building Code and Standards, and must comply with applicable Federal and State Accessibility requirements to and throughout the buildings, including compliance methods and structural details on the plans. a. Demolition activities require an asbestos containing materials (ACM) survey. (SCAQMD RULE 1403). The ACM report shall be prepared by an accredited testing laboratory in accordance with applicable SCAQMD rules and regulations. Proof of notification to the South Coast Air Quality Management District (SCAQMD), Office of Operations, shall be submitted to the Building Division with the relevant permit application for all demolition activities. Contact the SCAQMD at the address or number below for more information. Once any demolition activity has adhered to the applicable notification requirements to the SCAQMD, a formal demolition plan and permit must be obtained from the Building and Safety Division. SCAQMD Headquarters; 21865 Copley Drive, Diamond Bar, CA, (909) 396-2381
7. The project shall comply with the street improvements requirements pursuant to Chapter 17.64 Site Plan Review, Section 17.64.130.
a. The applicant shall provide a preliminary grading and drainage plan for the proposed development.
b. The applicant shall provide a Traffic Impact/VMT (Vehicle Miles Travel) Analysis for the development.
c. The applicant shall provide a Sewer Impact Analysis for the development. d. The applicant shall provide a preliminary Hydrology/LID analysis for the development. e. The applicant shall provide a Soils and Geologic Report.
8. The project shall comply with Public Works-Environmental Services requirements:
a. If the project redevelops an area greater than 5,000 square feet, storm water capture shall be required. A Low Impact Development (LID) Plan shall be required, and must be approved by the City prior to the issuance of a grading permit. The LID Plan will be reviewed by the City’s storm water consultant, John L. Hunter & Associates. A LID review fee of $2,000 will apply.
b. SWPPP – If the project disturbs over 1 acre, and requires a Storm Water Pollution Prevention Plan (SWPPP), the SWPPP must be uploaded to SMARTS and a WDID provided to the City prior to the approval of the LID Plan.
c. Trash Collection – Each trash room must be able to accommodate a separate 65-gallon barrel for the collection of organic waste (food scraps and landscape waste), per State law. d. Construction and Demolition – 75% of construction and demolition debris must be recycled, per City Ordinance No. 18-03. Forms and a security deposit will be required.
9. The project shall pay the applicable SB 50 development impact fees to the School District prior to issuance of the first building permit for production units.
10. The project shall comply with the Covina Police Department requirements:
a. Parking lot light fixtures and wall mounted light fixtures shall be of LED. Detailed plans to show compliance shall be submitted to Police Department and Planning Division for review and approval, prior to issuance of permit and prior to installation. The condition of approval shall be accomplished on or before opening.
b. Wayfinding signage shall be provided and submitted to Police Department and Planning Division for review and approval. Wayfinding signage shall have lighting as well. The condition of approval shall be accomplished on or before opening. c. Signage stating vehicle code is enforceable must be posted at all entrances so that guests/visitors are aware of what will be enforced on the property. Police Department to review signage. The condition of approval shall be accomplished on or before opening.
20 d. All landscaping should follow the two foot six foot rule. All landscaping should be ground cover, two feet or less and lower tree canopies should be at six feet. This increases natural surveillance and eliminates hiding areas within landscaping. Tree canopies should not interfere with or block the lighting along sidewalks or parking lots. This creates shadows and areas of concealment. Planters will use plant species with limited growth. This is to insure that maintenance does not become an issue and surveillance from the building is maintained.
e. The owners, operators, or managers must comply with all City codes and ordinances relating to police response and abatement nuisance conditions.
f. Rolling driveway gates, and any pedestrian gate, shall have a keypad installed with current access code provided to Police Dispatch at (626) 384-5808. g. The owners, operators, or managers shall, subject to approval of the Police Department, develop a plan to monitor the area surrounding the location for trash and other discarded items that impact public health and to maintain the cleanliness of the parking lots, sidewalks, and the property of adjacent business owners.
h. The permittee and the operator of any business at the premises shall install, use, and maintain in good working condition a video security system capable of viewing and recording events at the premises as approved by the Chief of Police. The video security system shall be on and operating at all times by common areas, entrances and exits, and parking areas. The video security system shall be of such to provide images of such a resolution as to clearly identify individuals for later identification. Security systems could deter and prevent public nuisances.
Installation and approval shall occur prior to the release of the occupancy or approval of business license.
i. The permittee and the operator of any business at the premises shall ensure that at least one employee or other person is present on the premises during normal business hours with the necessary knowledge and skill to operate the video security system so that he or she is able to provide the Covina Police Department copies of video recordings immediately upon request.
j. The permittee and the operator of any business at the premises shall preserve the video security system’s recorded information of each business day for a period of not less than ten (10) business days thereafter for the Covina Police Department’s review in connection with a criminal or other investigation.
G. No Hearing Required. No public hearing shall be required prior to a decision to approve or deny an application complying with this section.
H. Expiration of Approvals. An approval pursuant to this Chapter shall expire within three years.
I. Amendments. An applicant may request an amendment to an approved AHMUOD project. The Director may approve such an amendment if the applicant demonstrates the continued conformance of the amended project with the eligibility requirements and development standards in this Chapter.
ORDINANCE 22-13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, APPROVING ZONE CHANGE (ZCH) 22-03, AND
AMENDING THE CITY’S OFFICIAL ZONING MAP BY ADDING
(MUOD) TO 85 PARCELS AND (AHMUOD) TO 63 PARCELS AND THE
LIST OF ASSESSORS PARCEL NUMBERS ARE ATTACHED HERETO
AS EXHIBIT A, AND MAKE FINDINGS PURSUANT TO CEQA
WHEREAS, the City is responsible for adopting and implementing land use regulations within its boundaries; and
WHEREAS, in response to the Housing Element of the Covina General Plan for the 2021- 2029 planning period and the Regional Housing Needs Allocation (RHNA), there is a need to establish the Mixed-Use Overlay District (MUOD) and Affordable Housing Mixed-Use Overlay District (AHMUOD), and to rezone selected sites for accommodating potential new housing development. The MUOD and AHMUOD together with the rezoning of selected sites will encourage the development of housing, especially affordable housing, as a means of meeting the City's obligations under state law to provide opportunities for housing developments in accordance with the City's RHNA allocation; and
WHEREAS, CMC Chapter 17.80 provides the procedures and proceedings for any amendment to the text of Title 17 (Zoning) of the CMC and the Zone Change to the Official Zoning Map of City of Covina; and
WHEREAS, Government Code Section 65855 requires that at the hearing, the Planning Commission render its decision in the form of a written recommendation to the City Council, and transmit the recommendation in such form and manner as specified by the City Council; and WHEREAS, CMC Section 17.80.050 further provides that any recommendation by the Planning Commission for an amendment shall require an affirmative vote of not less than twothirds of the total voting members after at least one public hearing and must be filed with the City Council, together with a report of findings, hearings, and other supporting data, within thirty (30) days after the conclusion of the public hearing; and
WHEREAS, in accordance with CEQA, the City of Covina has completed an Initial Study to determine whether the Project (ZCA 22-03 and ZCH 22-03) may have a significant effect on the environment. The Initial Study concludes that the Project, with mitigation measures, will not have a significant effect on the environment. The City has therefore prepared a Mitigated Negative Declaration (MND), to be considered by the Planning Commission and City Council. Pursuant to Section 15072 of the CEQA guidelines, the Project site is not on any of the lists enumerated under Section 65962.5 of the Government Code; and
WHEREAS, the MND identifies that the proposed project would result in no impact or less than significant impacts in the following environmental impact categories: aesthetics, agricultural and forestry resources, hydrology and water quality, land use and planning, mineral resources, population and housing, recreation, transportation and traffic, Tribal Resources, and utilities and service systems. With the incorporation of mitigation measures identified in the MND,
Ordinance 22-13 Page 2 of 4
the potentially significant impacts of the proposed project in the following categories would be reduced below a level of significance: air quality, biological resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, cultural resources, and noise. No significant and unmitigable impacts have been identified in the MND. The Notice of Intent to adopt the MND was published in the San Gabriel Valley Examiner on June 9, 2022, and the MND was released for a 30-day public comment period beginning on June 9, 2022 and ending on July 8, 2022. The Final MND, which consists of the Draft MND, Comments on the Draft MND, and Responses to Comments, has been completed in accordance with the requirements of CEQA; and WHEREAS, on September 13, 2022, the Planning Commission conducted a duly noticed public hearing and considered the proposed Zone Change (ZCH) 22-03. After receiving oral and written evidence, and public input, the Planning Commission concluded the hearing on September 13, 2022, and by a 5-0-0 vote, adopted Resolution No. 2022-015 PC recommending to the City Council the approval of the Zone Change (ZCH) 22-03; and WHEREAS, on October 18, 2022, the City Council of the City of Covina held a duly noticed public hearing as prescribed by law to consider the proposed Zone Change (ZCH) 22-03 and any comments received prior to or at the public hearing, at which time staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to proposed Zone Change (ZCH) 22-03. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Zone Change (ZCH) 22-03, the City Council closed the public hearing on that same date; and WHEREAS, all legal prerequisites prior to adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are incorporated herein and made an operative part of this Ordinance.
SECTION 2. California Environmental Quality Act Findings. The City Council, affirms the determination of the Planning Commission that the proposed Zone Change (ZCH) 22-03 would result in no impact or less than significant impacts in the following environmental impact categories: aesthetics, agricultural and forestry resources, hydrology and water quality, land use and planning, mineral resources, population and housing, recreation, transportation and traffic, Tribal Resources, and utilities and service systems. With the incorporation of mitigation measures identified in the MND, the potentially significant impacts of the Zone Change (ZCH) 22-03 would be reduced below a level of significance in the following categories: air quality, biological resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, cultural resources, and noise. The City Council has reviewed the administrative record concerning the proposed ZCH 22-03 and the proposed CEQA determination, and based on its own independent judgement, adopt the Mitigated Negative Declaration and the Mitigation Measures and Monitoring Program.
SECTION 3. Findings for ZCH 22-03. Based on the evidence in the record, reviewing the recommendation of the Planning Commission, and after fully informed, the City Council hereby finds that the proposed Zone Change (ZCH) 22-003 is consistent with the Land Use Plan and the
Ordinance 22-13 Page 3 of 4
Programs and Implementation Measures of the Covina General Plan Land Use Element, and is in compliance with State Law.
SECTION 4. Approval. In consideration of the findings stated above, the City Council of the City of Covina does hereby approve Zone Change (ZCH) 22-03, amending the City’s Official Zoning Map to add MUOD to 85 parcels and AHMUOD to 63 parcels within the 13 Project Areas throughout the City. The total acreage of parcels for the proposed MUOD and AHMUOD zone change is approximately 75.29 acres and the list of Assessor’s Parcel Numbers, as set forth in Exhibit “A”; and, incorporated herein by this reference as though set forth in full. Further, the City Council hereby directs the Director of Community Development to cause the amendment of the Official Zoning Map of the City of Covina to reflect Zone Change (ZCH) 22-03.
SECTION 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The City Council hereby declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.
SECTION 6. Savings Clause. Neither the adoption of this Ordinance nor the repeal or amendment by this Ordinance of any ordinance or part or portion of any ordinance previously in effect in the City or within the territory comprising the City, shall in any manner affect the prosecution for the violation of any ordinance, which violation was committed prior to the effective date of this Ordinance, nor be construed as a waiver of any license, fee or penalty or the penal provisions applicable to any violation of such ordinances.
SECTION 7. Effective Date. This Ordinance shall become effective within thirty (30) days after its adoption.
SECTION 8. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be published within 15 days after its passage, in accordance with Section 36933 of the Government Code.
PASSED, APPROVED and ADOPTED this ___ day of _____, 2022.
City of Covina, California
BY:
PATRICIA CORTEZ, Mayor
ATTEST:
FABIAN VELEZ, Deputy City Clerk
Ordinance 22-13 Page 4 of 4
APPROVED AS TO FORM:
____________________________________
CANDICE K. LEE, City Attorney
CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Ordinance 22-13 was introduced for first reading at a regular meeting on the ____ day of ______, 20__. Thereafter, said Ordinance was duly approved and adopted at a regular meeting of said City Council on the _____ day of ______, 20__, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Dated:
FABIAN VELEZ, Deputy City Clerk
Ordinance 22-13 Exhibit A
EXHIBIT A
ZONE CHANGE (ZCH) 22-03
LIST OF ASSESSORS PARCEL MAP NUMBERS FOR MIXED-USE
OVERLY DISTRICT (MUOD) AND AFFORDABLE HOSING MIXED-USE
OVERLAY DISTRICT (AHMUOD),
AND ZONE CHANGE MAP
F ST
C ST PARK AVE
H ST G ST
A ST
N LINDA TER
S FARBER AVE
W ORANGE ST
W GENEVA PL GLENTANA ST
S KENDALL WY
S STEWART DR
MARILYN WY
S 5TH AVE
DOVER RD
PERSHING CT
S SAN ANTONIO DR
RANGER DR
N TRAYMORE AVE
S MIDSITE AVE
CUTTER WY
MC GILL ST
N SHADYGLEN DR
DAWN RIDGE WY
CAMELLIA DR
S PROSPERO DR
S EDENFIELD AVE
W GROVERDALE ST
W GRISWOLD RD
E LOMA VISTA ST N FAIRVALE AVE
W DEVANAH ST
W BRIDGER ST
LEAF AVE
HOMEREST AVE
S HOUSER DR
S EASTBURY AVE
MONTE VISTA AVE
W COLLEGE ST
E WORKMAN LN
S 3RD AVE
CONWELL AVE
S 4TH AVE
W GLENTANA ST
W GREENHAVEN ST
ORLANDO WY
VIRGINIA AVE
ORANGEWOOD DR
E KELBY ST
W PUENTE ST
E CENTER ST
W NUBIA ST
MASLINE ST
W INDUSTRIAL PARK ST
N HOUSER DR
REED ST
SAN JOSE AVE
N 3RD AVE
W TUDOR ST
N PARK AVE
W DEXTER ST
VALENCIA PL
W PUENTE AVE
S FENIMORE AVE
S SAN JOSE AVE
E ARROW HWY
W GROVECENTER ST
E SCHOOL ST
E FRONT ST
W CENTER ST
ARROW GRAND CIR
W WORKMAN AVE
S HOLLENBECK AVE
S BARANCA AVE
SOUTHERN PACIFIC RR
E QUEENSIDE DR
PALLAND LN
COLLEGE WY
PADUA DR
CALVIN ST
S MIDHURST DR
W BOBBIE ST
LARKIN DR
W REDWOOD CT
COMMERCIAL AVE
E KENOAK DR
N CURTIS AVE
E LEVEL ST
KEMP PL
N STARCREST DR
HOWARD AVE
W VERNESS ST
LOWELL ST
S NEWTON ST
N LA BREDA
LA SERENA DR
W SHAMWOOD ST
W IDAHOME ST
W BYGROVE ST
GOLDEN GROVE WY
N JENIFER AVE
N HOWARD AVE
E WALNUT CREEK RD
E CHESTER RD
MEADOWWOOD DR
S FIRCRAFT AVE
E CASAD AVE
S O A K T R E E D R
ADAMS PARK DR
B ST
BARANCA AVE
BENDER AVE
BRIARGATE LN
CUMMINGS RD
CURTIS AVE
E ADAMS PARK DR
E ALGROVE ST E ALGROVE ST
E ALISAL ST
E BADILLO ST E BADILLO ST E BADILLO ST
E BELLBROOK ST
E BENBOW ST E BENBOW ST
E BENWOOD ST
E CALORA ST
E CIENEGA AVE
E COLLEGE ST
E COVINA BLVD E COVINA BLVD
E CYPRESS ST E CYPRESS ST E CYPRESS ST
E DEXTER ST E DEXTER ST
E EDGECOMB ST
E EDNA PL
E EDNA PL
E EDNA PL
E GREENHAVEN ST
E GROVERDALE ST
E HURST ST E HURST ST
E ITALIA ST
E ITALIA ST
E NAVILLA PL
E NAVILLA PL E NAVILLA PL
E NAVILLA PL
E NUBIA ST E NUBIA ST
E NUBIA ST
E PALM DR
E PUENTE ST
E ROWLAND ST E ROWLAND ST
E RUDDOCK ST
E SAN BERNARDINO RD
E SAN BERNARDINO RD
E STEPHANIE DR
E THELBORN ST E THELBORN ST
E TUDOR ST
E TUDOR ST
E TUDOR ST
E WANAMAKER DR
E WORKMAN AVE EREMLAND DR EREMLAND DR N 1ST AVE N 1ST AVE N 1ST AVE N 2ND AVE N 2ND AVE
N 4TH AVE N 4TH AVE
N 4TH AVE
N 5TH AVE
N 5TH AVE
N ALDENVILLE AVE
N ARMEL DR N ARMEL DR N ARMEL DR N ARMEL DR
N AZUSA AVE
N BARANCA AVE
N BENDER AVE N BENDER AVE
N CALERA AVE
N CALVADOS AVE
N CEDAR DR
N CEDAR DR
N CITRUS AVE N CITRUS AVE N CITRUS AVE S CITRUS ST
N DE LAY AVE
N DODSWORTH AVE
N DODSWORTH AVE
N DODSWORTH AVE
N EASTBURY AVE
N EDENFIELD AVE
N ELSPETH WY
N ELSPETH WY
N ELSPETH WY
N FAIRVALLEY AVE
N FENIMORE AVE N FENIMORE AVE
N FIRCROFT AVE
N GRAND AVE N GRAND AVE N GRAND AVE
N GRANDVIEW AVE
N GRANDVIEW AVE
N HEATHDALE AVE
N HEATHDALE AVE
N HOLLENBECK AVE N HOLLENBECK AVE
N LARK ELLEN AVE
N LARKIN DR
N MIDSITE AVE
N NEARGLEN AVE
N OMALLEY AVE
N PROSPERO DR N PROSPERO DR
N RIMSDALE AVE
N VICEROY AVE
N VICEROY AVE
N VINCENT AVE
N WESTRIDGE AVE
OAK TREE CT
S 1ST AVE S 1ST AVE
S 1ST AVE
S 2ND AVE
S 2ND AVE
S ALBERTSON AVE
S ALDENVILLE AVE
S ARMEL DR
S ARMEL DR
S ARMEL DR
S CALVADOS AVE S CALVADOS AVE
S CEDAR DR
S CITRUS AVE
S FORESTDALE AVE
S GRAND AVE S GRAND AVE
S HEATHDALE AVE
S HEATHDALE AVE
STARCREST DR
TRAYMORE AVE
W ALCROSS ST
W ALCROSS ST
W BADILLO ST W BADILLO ST W BADILLO ST
W BENBOW ST
W BENWOOD ST
W COVINA BLVD
W CYPRESS ST
W EDNA PL
W EDNA PL
W EDNA PL
W FRONT ST W FRONT ST
W GRONDAHL ST W GRONDAHL ST
W GRONDAHL ST
W PALM DR
W ROWLAND ST
W SAN BERNARDINO RD
E COVINA HILLS RD
E SHOPPE R S LN
S HEPNER AVE
S ALBERTSON AVE
S ALDENVILLE AVE
N FIRCROFT AVE
COOLFIELD DR
FREDKIN DR
W CHESTER RD
Area C Area B Area A
Area D
Area E
Area F
Area G
Area H Area J
Area K
Area L
Area M
Area I
Proposed Mixed-Use Parcels
MUOD
AHMUOD
Zone Change
TCSP
City Boundary
City of Covina
Mixed Use
Overlay District
°
Disclaimer:
This map of the City of Covina, California has been provided for illustration purposes only Every reasonable effort has been made to ensure the precision of the map and its data, however, some information may not be accurate. The City of Covina provides this map on an as-is basis and assumes no liability for damages arising from errors or omissions. The maps are provided without any warranty, expressed or
implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Do not make any business decisions based on this map before
validating your decision with the appropriate City office. © City of Covina. Geographic Information Systems. 2022
0 1,000 2,000 Feet
ZCH 22-03 EXHIBIT A
EXHIBIT A2 ‐ ZONE CHANGE (ZCH) 22‐03 ‐ PARCELS REZONE TO ADD MIXED‐USE OVERLAY DISTRICT (MUOD)
Key to
Map
Assessor
Parcel
Number
Existing
Zoning
Proposed
Zoning
Key to
Map
Assessor
Parcel Number
Existing
Zoning
Proposed
Zoning
Area A 8406-001-012 C-3A C-3A (MUOD) Area G 8451-007-026 C-3A C-3A (MUOD) 8406-001-028 C-3A C-3A (MUOD) 8451-007-029 C-3A C-3A (MUOD) 8406-001-034 C-4 C-4 (MUOD) 8451-007-030 C-3A C-3A (MUOD 8406-001-029 C-3A C-3A (MUOD) 8451-007-031 C-3A C-3A (MUOD 8451-007-032 C-3A C-3A (MUOD
Area C 8408-020-022 C-2 C-2 (MUOD) 8451-007-049 C-P C-P (MUOD) 8408-020-023 C-2 C-2 (MUOD) 8451-007-048 C-P C-P (MUOD) 8408-020-018 C-2 C-2 (MUOD) 8451-007-033 C-P C-P (MUOD) 8408-020-020 C-2 C-2 (MUOD) 8451-007-034 C-P C-P (MUOD) 8408-020-015 C-2 C-2 (MUOD) 8451-007-035 RD 1500 C-P (MUOD) 8451-007-023 C-P C-P (MUOD)
Area E 8444-008-032 C-3 C-3 (MUOD) 8451-007-024 C-P C-P (MUOD) 8444-008-017 TC-C TC-C (MUOD) 8451-007-025 C-P C-P (MUOD) 8444-008-019 TC-C TC-C (MUOD) 8451-003-024 C-P C-P (MUOD) 8444-008-031 C-3 C-3 (MUOD) 8451-008-011 C-2 C-2 (MUOD) 8451-018-026 C-3A C-3A (MUOD)
Area F 8444-009-010 C-3A C-3A (MUOD) 8451-008-009 C-2 C-2 (MUOD0 8444-021-005 C-3 C-3 (MUOD) 8451-008-010 C-2 C-2 (MUOD) 8444-021-004 C-4 C-3 (MUOD0
8444-022-001 C-4 C-3 (MUOD)
Area H 8430-030-012 C-5 C-5 (MUOD)
Area G 8445-026-029 C-P C-P (MUOD) 8430-030-027 C-P C-P (MUOD) 8445-026-028 C-P C-P (MUOD) 8430-030-031 C-5 C-5 (MUOD) 8445-029-014 C-3A C-3A (MUOD) 8430-030-032 C-5 C-5 (MUOD) 8445-027-009 C-3A C-3A (MUOD) 8430-030-033 C-5 C-5 (MUOD) 8445-027-010 C-3A C-3A (MUOD) 8430-030-034 C-5 C-5 (MUOD) 8445-027-030 C-3A C-3A (MUOD) 8430-030-035 C-5 C-5 (MUOD) 8445-027-029 C-3A C-3A (MUOD) 8430-030-036 C-5 C-5 (MUOD) 8445-027-018 C-3A C-3A (MUOD) 8430-030-037 C-5 C-5 (MUOD) 8445-027-023 C-3A C-3A (MUOD) 8430-030-038 C-5 C-5 (MUOD) 8445-027-024 C-3A C-3A (MUOD) 8430-032-012 C-2 C-2 (MUOD) 8445-028-011 C-3A C-3A ( MUOD) 8430-032-016 C-5 C-5 (MUOD) 8445-028-025 C-3A and C-P C-3A (MUOD) Area I 8430-034-006 C-2 C-2 (MUOD) 8445-028-012 C-3A C-3A (MUOD) 8430-034-024 C-2 C-2 (MUOD) 8445-029-008 C-3A C-3A (MUOD) 8430-034-028 C-4 C-4 (MUOD) 8451-001-019 C-3A C-3A (MUOD) 8430-034-029 C-2 C-2 (MUOD) 8451-001-020 C-3A C-3A (MUOD) 8430-034-030 C-2 C-2 (MUOD) 8451-003-017 C-3A C-3A (MUOD)
8451-003-018 C-3A C-3A (MUOD) Area J 8429-035-004 C-4 C-4 (MUOD) 8451-003-019 C-3A C-3A (MUOD) 8429-035-005 C-4 C-4 (MUOD) 8451-003-023 C-3A C-3A (MUOD) 8429-035-012 C-4 C-4 (MUOD) 8451-003-022 C-3A C-3A (MUOD) 8429-035-020 C-4 C-4 (MUOD) 8451-003-021 C-3A C-3A (MUOD) 8429-035-021 C-4 C-4 (MUOD0 8451-003-020 C-3A C-3A (MUOD) 8429-032-001 C-5 C-5 (MUOD) 8451-007-027 C-3A C-3A (MUOD) 8429-035-001 C-4 C-4 (MUOD) 8451-007-028 C-3A C-3A (MUOD) Area L 8434-013-010 M-1 M-1 (MUOD)
EXHIBIT A3 - ZONE CHANGE (ZCH) 22-03 - PARCELS REZONE TO ADD
AFFORDABLE HOUSING MIXED-USE OVERLAY DISTRICT (AHMUOD)
Key to
Map
Assessor
Parcel
Number
Current
Zoning
Proposed
Zoning
Key to
Map
Assessor
Parcel
Number
Current
Zoning
Proposed
Zoning
Area A 8406-001-018 C-4 C-4 (AHMUOD) Area J 8429-035-006 C-4 C-4 (AHMUOD) 8406-001-021 C-4 C-4 (AHMUOD) 8429-035-007 C-4 C-4 (AHMUOD) 8406-001-037 C-4 C-4 (AHMUOD) 8429-035-008 C-4 C-4 (AHMUOD) 8406-001-042 C-4 C-4 (AHMUOD) 8429-035-009 C-4 C-4 (AHMUOD) 8406-001-044 C-4 C-4 (AHMUOD) 8429-035-019 C-4 C-4 (AHMUOD) 8406-001-045 C-4 C-4 (AHMUOD) 8429-035-018 C-4 C-4 (AHMUOD) Area K 8434-002-011 CP C-P (AHMUOD)
Area B 8407-032-002 C-3A (PCD) C-3A (PCD)(AHMUOD) 8434-002-013 CP C-P (AHMUOD) 8434-002-014 CP C-P (AHMUOD)
Area D 8422-001-008 C-2 C-2 (AHMUOD) 8434-002-018 CP C-P (AHMUOD) 8422-001-016 C-2 C-2 (AHMUOD) 8434-002-021 CP C-P (AHMUOD) 8422-001-017 C-2 C-2 (AHMUOD) 8434-002-024 CP C-P (AHMUOD) 8421-026-024 C-4 C-4 (AHMUOD) 8434-003-015 CP C-P (AHMUOD) 8421-026-025 C-4 C-4 (AHMUOD) 8440-003-016 CP C-P (AHMUOD) 8421-026-028 C-2 C-2 (AHMUOD) 8434-003-017 CP CP (AHMUOD) 8422-001-009 C-2 C-2 (AHMUOD) 8434-003-018 CP C-P (AHMUOD) 8422-001-011 C-2 C-2 (AHMUOD) 8434-003-019 CP C-P (AHMUOD) 8422-001-012 C-2 C-2 (AHMUOD) 8434-003-022 CP C-P (AHMUOD) 8422-001-013 C-2 C-2 (AHMUOD) 8434-003-014 CP C-P (AHMUOD) 8422-001-015 C-2 C-2 (AHMUOD) 8434-004-020 CP C-P (AHMUOD) 8434-004-022 C-P C-P (AHMUOD)
Area G 8445-024-021 C-P CP (AHMUOD) 8434-004-023 CP C-P (AHMUOD) 8445-024-009 C-P CP (AHMUOD) 8434-004-033 CP C-P (AHMUOD) 8445-024-010 C-P CP (AHMUOD) 8434-016-033 C-4 C-4 (AHMUOD) 8445-025-006 C-P CP (AHMUOD) 8434-016-037 CP CP (AHMUOD) 8445-025-009 C-P CP (AHMUOD) 8434-016-010 CP CP (AHMUOD) 8445-025-010 C-P CP (AHMUOD) 8434-016-011 CP CP (AHMUOD) 8445-025-011 C-P CP (AHMUOD)
8445-025-022 C-P CP (AHMUOD) Area M 8435-033-023 C-2 C-2 (AHMUOD) 8451-007-052 C-3A C-3A (AHMUOD) 8435-033-028 C-2 C-2 (AHMUOD) 8451-007-053 C-3A C-3A (AHMUOD) 8435-033-024 C-2 C-2 (AHMUOD) 8451-007-051 C-3A C-3A (AHMUOD) 8435-033-017 C-2 C-2 (AHMUOD) 8451-007-050 C-3A C-3A (AHMUOD)
8451-007-054 C-3A C-3A (AHMUOD)
8451-007-055 C-3A C-3A (AHMUOD)
Assessor
Parcel
Number
Existing
Zoning
Proposed
Zoning
8429-035-015 C-P RD-2000
Zone Change (ZCH) 2022-06
ORDINANCE 22-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, APPROVING ZONING CHANGE (ZCH) 22-06, AND
AMENDING THE CITY’S OFFICIAL ZONING MAP TO CHANGE THE
ZONING FROM C-P, COMMERCIAL, ADMINISTRATIVE, AND
PROFESSIONAL OFFICE ZONE TO RD, RESIDENTIAL (MULTIFAMILY) ZONE, CONSISTENT WITH THE EXISTING GENERAL PLAN
LAND USE DESIGNATION OF HIGH DENSITY RESIDENTIAL, FOR
PROPERTY LOCATED AT 544 E. RUE ROYALE, APN: 8429-035-015.,
AND MAKE FINDINGS PURSUANT TO CEQA
WHEREAS, the City is responsible for adopting and implementing land use regulations within its boundaries; and
WHEREAS, in response to the Housing Element of the Covina General Plan for the 2021- 2029 planning period and the Regional Housing Needs Allocation (RHNA), there is a need to establish the Mixed-Use Overlay District (MUOD) and Affordable Housing Mixed-Use Overlay District (AHMUOD), and to rezone selected sites for accommodating potential new housing development. The MUOD and AHMUOD together with the rezoning of selected sites will encourage the development of housing, especially affordable housing, as a means of meeting the City's obligations under state law to provide opportunities for housing developments in accordance with the City's RHNA allocation; and
WHEREAS, CMC Chapter 17.80 provides the procedures and proceedings for any amendment to the text of Title 17 (Zoning) of the CMC and the Zone Change to the Official Zoning Map of City of Covina; and
WHEREAS, Government Code Section 65855 requires that at the hearing, the Planning Commission render its decision in the form of a written recommendation to the City Council, and transmit the recommendation in such form and manner as specified by the City Council; and WHEREAS, CMC Section 17.80.050 further provides that any recommendation by the Planning Commission for an amendment shall require an affirmative vote of not less than twothirds of the total voting members after at least one public hearing and must be filed with the City Council, together with a report of findings, hearings, and other supporting data, within thirty (30) days after the conclusion of the public hearing; and
WHEREAS, in accordance with California Environmental Quality Act (CEQA), the City has analyzed the project, proposed Zone Change (ZCH) 2206, and concluded that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15061(b)(3), because the activity in question does not have a significant effect on the physical environment. Further, it can be seen with certainty that there is no possibility that this amendment may have a significant adverse effect on the environment. Adoption of the Zone Change would not approve any development project or other physical change to the environment; and
Ordinance 22-14 Page 2 of 4
WHEREAS, on September 13, 2022, the Planning Commission conducted a duly noticed public hearing and considered the proposed Zone Change (ZCH) 22-06. After receiving oral and written evidence, and public input, the Planning Commission concluded the hearing on September 13, 2022, and by a 5-0-0 vote, adopted Resolution No. 2022-015 PC recommending to the City Council the approval of the Zone Change (ZCH) 22-06; and WHEREAS, on October 18, 2022, the City Council of the City of Covina held a duly noticed public hearing as prescribed by law to consider the proposed Zone Change (ZCH) 22-06 and any comments received prior to or at the public hearing, at which time staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to proposed Zone Change (ZCH) 22-06. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Zone Change (ZCH) 22-06, the City Council closed the public hearing on that same date; and WHEREAS, all legal prerequisites prior to adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are incorporated herein and made an operative part of this Ordinance.
SECTION 2. California Environmental Quality Act Findings. The City Council, affirms the determination of the Planning Commission that the proposed Zone Change (ZCH) 22-06 is exempt from the requirements of CEQA pursuant to CEQA Guidelines (14 Cal. Code Regs. § 15000 et seq.) Section 15061(b)(3) because no development project or other physical change to the environment would be approved by the adoption of the Zone Change.
SECTION 3. Findings for ZCH 22-06. Based on the evidence in the record, reviewing the recommendation of the Planning Commission, and after fully informed, the City Council hereby finds that the proposed Zone Change (ZCH) 22-006 is consistent with the Land Use Plan and the Programs and Implementation Measures of the Covina General Plan Land Use Element, and is in compliance with State Law.
SECTION 4. Approval. In consideration of the findings stated above, the City Council of the City of Covina does hereby approve Zone Change (ZCH) 22-06, amending the City’s Official Zoning Map to change the zoning from C-P, Commercial, Administrative, and Professional Office Zone to RD Residential Zone (Multi-family), consistent with the existing General Plan Designation of High-Density Residential, for property located at 544 E. Rue Royal Street, APN:
8429-035-015 (Exhibit A). Further, the City Council hereby directs the Director of Community Development to cause the amendment of the Official Zoning Map of the City of Covina to reflect Zone Change (ZCH) 22-06.
SECTION 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The City Council hereby declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more
Ordinance 22-14 Page 3 of 4
sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.
SECTION 6. Savings Clause. Neither the adoption of this Ordinance nor the repeal or amendment by this Ordinance of any ordinance or part or portion of any ordinance previously in effect in the City or within the territory comprising the City, shall in any manner affect the prosecution for the violation of any ordinance, which violation was committed prior to the effective date of this Ordinance, nor be construed as a waiver of any license, fee or penalty or the penal provisions applicable to any violation of such ordinances.
SECTION 7. Effective Date. This Ordinance shall become effective within thirty (30) days after its adoption.
SECTION 8. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be published within 15 days after its passage, in accordance with Section 36933 of the Government Code.
PASSED, APPROVED and ADOPTED this ___ day of _____, 2022.
City of Covina, California
BY:
PATRICIA CORTEZ, Mayor
ATTEST:
FABIAN VELEZ, Deputy City Clerk
APPROVED AS TO FORM:
____________________________________
CANDICE K. LEE, City Attorney
Ordinance 22-14 Page 4 of 4
CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Ordinance 22-14 was introduced for first reading at a regular meeting on the ____ day of ______, 20__. Thereafter, said Ordinance was duly approved and adopted at a regular meeting of said City Council on the _____ day of ______, 20__, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Dated:
FABIAN VELEZ, Deputy City Clerk
EXHIBIT A
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CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. PH 3
Meeting: CC Regular Meeting - Oct 18 2022
Title: General Plan Amendment (GPA) 22-01, a Comprehensive Update to the Housing Element of the Covina General Plan for the 2021-2029 Period Presented By: Brian K. Lee, AICP
Recommendation: Adopt Resolution CC 2022-109 approving General Plan Amendment (GPA) 22-01 for the 2021-2029 Housing Element update; and making a determination of exemption under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3).
EXECUTIVE SUMMARY / BACKROUND:
State law requires that each city adopt a General Plan to guide land use and development. Among the various “elements” of the General Plan is the Housing Element, which provides an overarching statement of City policies and programs for maintaining and improving existing housing, and accommodating development of new housing to meet the City’s assigned share of regional growth. Housing Elements must be updated on a regular schedule, and cities in the Southern California Association of Governments (“SCAG”) region are required to adopt updates for the 2021-2029 planning period, also referred to as the “6th cycle” in reference to the six Housing Element updates that have been required since the comprehensive revision to State Housing Element law in 1980. State law establishes detailed requirements that cities must address in their Housing Elements.
In early 2021 the City initiated the Housing Element update, and a draft Housing Element was submitted to the California Department of Housing and Community Development (“HCD”) for review pursuant to State law. After receiving HCD’s comments a revised draft Housing Element was then prepared incorporating changes in response to the comments of HCD and other interested parties.
On September 13 and 27, 2022 the Planning Commission conducted a public hearing and adopted a resolution recommending City Council approval of the 2021-2029 Housing Element.
Additional background information regarding the Housing Element is posted on the City website at:
https://covinaca.gov/pc/page/housing-element
DISCUSSION:
Overview. Under State law, the Housing Element is the most highly regulated component of a city’s general plan.
State law sets forth extensive requirements for Housing Elements and regulations related to housing, and many new housing laws have been adopted by the State Legislature in recent years. The draft Housing Element for the 2021-2029 planning cycle includes the following components:
• Executive Summary (Chapter I)
• Introduction providing background information and context for the Housing Element (Chapter II) • Analysis of the city's demographic and housing characteristics and trends (Chapter III) • Evaluation of resources and opportunities available to address housing issues (Chapter IV) • Review of potential market, governmental, and environmental constraints to meeting housing needs (Chapter V)
• The Housing Action Plan for the 2021-2029 planning period (Chapter VI) • Review of accomplishments during the previous planning period (Appendix A) • Inventory of potential sites for housing development (Appendix B) • Summary of opportunities for public participation during the preparation and adoption of this Housing Element (Appendix C)
• Assessment of fair housing issues (Appendix D)
HCD Review and Certification. The State legislature has delegated authority to HCD to review Housing Elements and issue opinions regarding their compliance with State law. A finding of substantial compliance by HCD is referred to as Housing Element “certification” and is important to enhance cities’ eligibility for grant funds and to support the validity of the General Plan in the event of a legal challenge.
After reviewing the City’s draft Housing Element, HCD issued a letter on January 27, 2022 (Attachment C) describing changes to the draft Housing Element that will be required in order to fully comply with State law.
Attachment D provides a summary of HCD’s comments and how the Housing Element has been revised to address those comments.
While many of HCD’s comments have been addressed through additional technical data and analysis in the Housing Element, some comments require substantive changes to housing policies, programs or regulations in the following areas.
• Development permit processing. In its review letters, HCD stated that the City must evaluate the impact of development processing and permit procedures as potential constraints on housing supply and affordability. To address this comment Program 4.3 has been revised to expand the use of administrative review and objective standards to minimize impacts on the cost and supply of housing. Administrative (i.e., staff-level) review can shorten permit processing time and reduce development cost. State law already limits cities to a “ministerial” review process based only on objective development standards for some projects. State law defines “objective standards” as standards and criteria that involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external and uniform benchmark. The use of objective standards can reduce an applicant’s risk in the development review process, thereby reducing time and cost. In late 2021 the City Council adopted Multi-Family Objective Design Standards for eligible projects that comply with State criteria for streamlined review.
Housing Element Program 4.3 includes a commitment for further review and expansion of eligibility for streamlined review of housing developments.
• Housing for persons with disabilities. In its review letters, HCD stated that the City must allow group homes for seven or more persons objectively with approval certainty, and the definition of “family” is a constraint on persons with disabilities and must be revised. Program 4.2 includes a commitment to process a Code amendment to improve approval certainty for large residential care facilities and revise the definition of “family” consistent with current law.
• Affirmatively furthering fair housing (“AFFH”) is a new requirement for the 6th Housing Element cycle, and extensive additional analysis of fair housing issues is provided in Appendix D. To address HCD comments, Program 5.1 has been expanded to describe actions the City will take to affirmatively further fair housing.
It is staff’s opinion that with the proposed revisions, the draft Housing Element fully addresses HCD’s comments and substantially complies with the requirements of State law. Programs calling for amendments to current regulations will require subsequent review and public hearings by the Planning Commission and City Council prior to approval.
Public Review. Public engagement is an important component of a Housing Element update. The City initiated this Housing Element update process in early 2021 and a joint City Council/Planning Commission public workshop was held on September 21, 2021 to solicit public comments and discuss housing issues in Covina.
After receiving comments from the City Council, the Planning Commission and other interested stakeholders, the initial draft 2021-2029 Housing Element was prepared and posted for review at City Hall and on the City website in November 2021. Direct mail notices of availability of the draft Housing Element were sent to the list of stakeholders, which includes housing developers and organizations representing the interests of lower-income persons and special needs groups in Covina.
After receiving comments on the draft Housing Element from HCD and other interested parties, a study session was held by the Planning Commission on April 12, 2022 and a public workshop was conducted on June 23, 2022.
A revised draft Housing Element was then prepared and posted for public review on September 5, 2022. At its meetings of September 13 and 27, 2022 the Planning Commission conducted a public hearing and unanimously adopted a resolution recommending City Council approval of the 2021-2029 Housing Element.
Notices of all Housing Element public meetings were published in advance of each meeting, posted on the City website and sent directly to the City’s Housing Element stakeholder list.
Public comments received during the preparation of the Housing Element update are discussed in Appendix C of the Housing Element. Just prior to the September 13, 2022 Planning Commission hearing an additional comment letter (Attachment E) was submitted by Jason Cohen on behalf of the Southwest Regional Council of Carpenters (SWRCC). In addition, public testimony from SWRCC representatives also spoke on this issue at the September 13 Planning Commission hearing.
SWRCC’s letter states that the City should require the use of a local skilled and trained workforce to benefit the community’s economic development and reduce greenhouse gas emissions by reducing the length of vendor trips.
SWRCC noted that some cities have adopted local skilled and trained workforce policies and requirements into their general plans and municipal codes, such as the City of Hayward.
At the September 27th Planning Commission hearing City staff noted that local labor requirements have been adopted in some California cities; however, based on a very limited review staff is not aware of any Housing Elements in California that include a local labor requirement. Staff noted that the content of Housing Elements is highly regulated by the State, and adding a new local labor requirement in the Housing Element at this stage could complicate the process of reaching closure in responding to the comments of HCD and obtaining State certification.
Staff noted that the City Council has the authority to adopt a local labor requirement if it believes it is in the best interest of the City; however, such a labor requirement may be more appropriate as a separate resolution or ordinance rather than as a Housing Element policy. For example, in the City of Hayward a local hire policy is included in an optional Economic Development Element of the General Plan. Covina does not have an Economic Development Element in the current General Plan.
At the conclusion of the Planning Commission deliberations, the Planning Commission took the following action:
1. Adopted Planning Commission Resolution 2022-016 PC recommending that the City Council approve General Plan Amendment (GPA) 22-01, the 2021-2029 Housing Element update; and,
2. Directed City staff to research “Local Hire Policies and/or Programs” of other cities and bring back for further Planning Commission deliberation options and alternatives in regards to local hire polices and/or procedures as it may apply to the City of Covina. (Note: should the Planning Commission endorse a local
hire policy and/or program, it will be forwarded to the City Council for consideration as a stand-alone item.
FISCAL IMPACT:
No specific development project would be approved by the proposed Housing Element amendment. Future housing development pursuant to the General Plan and Zoning Ordinance would have fiscal impacts related to increased property tax, community facilities district revenues, other taxes and fees, and costs of providing public services to new residents, but it is not possible to quantify fiscal impacts at this time. Implementation actions called for in the Housing Element would involve staff time and outside consultant cost, and completion of the Housing Element update will enhance the City’s eligibility for State planning grant funds to help defray those costs.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
The proposed Housing Element amendment is exempt from the requirements of the California Environmental Quality Act (“CEQA”) (Cal. Pub. Resources Code, § 21000 et seq.) and the CEQA Guidelines (Cal. Code Reg., tit. 14, § 15000 et seq.) pursuant to CEQA Guidelines Sections 15061(b)(3) because no development project or other physical change to the environment would be approved by the adoption of the Housing Element. Future housing development projects will be subject to review pursuant to CEQA.
ATTACHMENTS:
Attachment A - Resolution CC 2022-109
Attachment B - Housing Element (6th cycle) PC Reso 2022-016PC Attachment C - Housing Element (6th cycle) 1-27-22 HCD comments Attachment D - Housing Element (6th cycle) Summary HCD comments & responses Attachment E - Housing Element (6th cycle) SWRCC letter only Respectfully submitted,
RESOLUTION CC 2022-109
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT (GPA) 22-
01 FOR THE 2021-2029 HOUSING ELEMENT UPDATE AND MAKING
FINDINGS OF EXEMPTION UNDER CEQA
WHEREAS, local governments are authorized by Government Code section 65350 et seq. to prepare, adopt and amend general plans; and
WHEREAS, Government Code Section 65580 et seq. requires cities to update their Housing Elements on a regular basis; and
WHEREAS, an update to the Housing Element of the Covina General Plan for the 2021- 2029 planning period has been initiated and prepared by the City of Covina; and WHEREAS, the 2021-2029 Housing Element Update leaves the General Plan internally consistent; and
WHEREAS, based on the factors and substantial evidence described in Appendix B of the Housing Element, incorporated herein by reference, the existing uses on sites identified to accommodate the lower-income RHNA allocation are likely to be discontinued during the planning period and therefore do not constitute an impediment to additional residential development during the period covered by the Housing Element; and WHEREAS, the staff report and supporting materials accompanying this resolution are found to be true, are adopted as Facts and Findings, and are incorporated by reference in this resolution; and
WHEREAS, pursuant to State Law, the draft 2021-2029 Housing Element Update was submitted to the California Department of Housing and Community Development (“HCD”); and WHEREAS, on January 27, 2022 HCD issued a letter finding that the draft 2021-2029 Housing Element addressed many statutory requirements; however, revisions will be necessary to comply with State Housing Element Law; and
WHEREAS, revisions to the draft 2021-2029 Housing Element have been made to address the issues raised in HCD’s January 27, 2022 review letter, as summarized in the Planning Commission and City Council staff reports; and
WHEREAS, the 2021-2029 Housing Element Update was reviewed and found to be exempt from further review under the California Environmental Quality Act (“CEQA”), as more fully described below; and
WHEREAS, on September 13 and September 27, 2022 the Planning Commission of the City of Covina (“Planning Commission”) held a duly noticed public hearing at which time all persons wishing to testify in connection with the application were heard and the application was fully examined, and at the conclusion of that public hearing the Planning Commission adopted
Resolution CC 2022-109 Page 2 of 3
Resolution 2022-18 PC recommending City Council approval of the 2021-2029 Housing Element update; and
WHEREAS, on October 18, 2022 the City Council of the City of Covina held a duly noticed public hearing at which time all persons wishing to testify in connection with the application were heard and the application was fully examined; and WHEREAS, all legal prerequisites prior to adoption of this Resolution have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are incorporated herein and made an operative part of this Resolution.
SECTION 2. The City Council finds that General Plan Amendment (GPA) 22-01 for the 2021-2029 Housing Element Update, as set forth in Exhibit “A” to this Resolution, is exempt from the requirements of CEQA pursuant to CEQA Guidelines (14 Cal. Code Regs. § 15000 et seq.) Section 15061(b)(3) because no development project or other physical change to the environment would be approved by the adoption of the Housing Element. The City Council has reviewed the Community Development Department staff’s determination of exemption, and based on its own independent judgment, concurs in staff’s determination that the proposed General Plan Amendment is exempt from CEQA.
SECTION 3. Based on the entire record before the City Council of the City of Covina, all written and oral evidence presented has been considered and reviewed, and the City Council finds that the 2021-2029 Housing Element Amendment, as revised as shown in Exhibit “A” to this Resolution, incorporates changes that fully address the January 27, 2022 comments from HCD in compliance with State law. The City Council further finds that the 2021-2029 Housing Element will promote the public health, safety and welfare, and will leave the General Plan an integrated and internally consistent statement of policies.
SECTION 4. The City Council hereby approves and adopts the 2021-2029 Housing Element Amendment as set forth in Exhibit “A” incorporated herein by reference.
SECTION 5. The City Council directs the City Manager to deliver the adopted Housing Element to HCD for review and is authorized to make any technical revisions or clarifications to the Housing Element as may be necessary to address comments from HCD pursuant to Government Code Sec. 65585.
SECTION 6. The documents and materials that constitute the record of proceedings on which these findings and this Resolution are based are located in the City Clerk’s Office located at 125 E. College Street, Covina, CA 91723. The custodian of these records is the City Clerk.
SECTION 7. Effective Date. This Resolution shall be effective upon adoption.
SECTION 8. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and shall enter the same in the Book of Original Resolutions.
Resolution CC 2022-109 Page 3 of 3
APPROVED and PASSED this 18th day of October, 2022.
City of Covina, California
BY: ______________________________
PATRICIA CORTEZ, Mayor
ATTEST:
____________________________________
FABIAN VELEZ, Deputy City Clerk
CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2022-109 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 18th day of October, 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Dated:
__________________________________________
FABIAN VELEZ, Deputy City Clerk
Resolution CC 2022-109 Exhibit A
EXHIBIT “A”
Covina 2021-2029 Housing Element and Appendix A through D https://covinaca.gov/pc/page/housing-element
• Revised 6th Housing Element (September 2022)
• Revised 6th Housing Element Appendix A through D
(September 2022)
RESOLUTION 22-016 PC
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
COVINA, CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL OF THE CITY OF COVINA APPROVE GENERAL PLAN
AMENDMENT (GPA) NO. 22-01 FOR THE 2021-2029 HOUSING
ELEMENT UPDATE AND MAKING FINDINGS OF EXEMPTION UNDER
CEQA
WHEREAS, local governments are authorizedby Government Code section65350 e_tg. to prepare, adopt and amend general plans; and
WHEREAS, Government Code Section 65580 et seq. requires cities to update their Housing Elementson a regular basis; and
WHEREAS,an updateto the HousingElementof the Covina GeneralPlan for the 2021 2029 planningperiod has been initiatedand preparedby the City of Covina; and - WHEREAS, the staff report and supporting materials accompanying this resolution are found to be true, are adopted as Facts and Findings, and are incorporated by reference in this resolution;and
WHEREAS, pursuant to State Law, the draft 2021-2029 Housing Element Update was submitted to the California Department of Housing and Community Development (“HCD”); and WHEREAS, on January 27, 2022 HCD issued a letter ?nding that the dra? 2021-2029 Housing Element addressedmany statutory requirements; however, revisionswill be necessary to complywith StateHousingElementLaw; and
WHEREAS, revisionsto the draft 2021-2029 Housing Element have been made to addres the issues raised in HCD’s January 27, 2022 review letter, as summarized in the Plannin s Commissionstaff report; and g
WHEREAS,basedon the factorsand substantialevidence describedin AppendixB of th Housing Element, incorporated herein by reference, the existing uses on sites identi?edeto accommodate the lower-income RHNA allocation are likely to be discontinued during the planning period and therefore do not constitute an impediment to additional residentia development during the period covered by the Housing Element; and l WHEREAS, the 2021-2029 Housing Element Update was reviewed and found to b e exempt fromfurtherreviewunder the CaliforniaEnvironmentalQualityAct (“CEQA”),as more ?rlly describedbelow; and
WHEREAS, on September 13, 2022, and continuedto September 27, 2022, the Plannin Commission of the City of Covina held a duly noticed public hearing at which time allgpersons wishing to testify in connection with the application were heard and the applicationwas fully examined;and
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WHEREAS, all legal prerequisitespriorto adoption of this Resolution have occurred.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
COVINA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commissionherebyrecommendsthat the City Councilmake the followingenvironmental?ndings and determinationsin connectionwith the approvalof the proposed General Plan Amendment (GPA) 22-01. Community Development Department staff has determined that the proposed General Plan Amendment, as set forth in Attachment “A” to this Resolution, is exempt from the requirements of CEQApursuant to CEQAGuidelines (14 Cal.
CodeRegs. § 15000et seq.) Section1506l(b)(3) becauseno developmentprojector otherphysical change to the environmentwould be approved by the adoption of the Housing Element.The Planning Commission has reviewed the Community Development Department staffs determination of exemption, and based on its own independent judgment, concurs in sta?’s determinationthat the proposedGeneralPlan Amendmentis exempt ?'om CEQA.
SECTION 2. Based on the entire recordbefore the Planning Commissionof the City of Covina, all written and oral evidence presented has been consideredand reviewed, and the PlanningCommission?ndsthatthe 2021-2029HousingElementAmendment,asrevisedas shown in Attachment“A” to this Resolution,incorporateschangesthat fully addressthe January 27, 2022 comments ?'om HCD in compliancewith State law. The Planning Commissionfurther ?nds that the 2021-2029 Housing Element will promote the public health, safety and welfare, and will leave the GeneralPlan an integrated and internally consistentstatement of policies.
SECTION 3. Plgnmg' CommissionRecommendation.After giving full considerationto all evidencepresentedat the public hearing, and in considerationof the ?ndings stated in the attached proposed City CouncilResolution listed below, the Planning Commissionof the City of Covina does hereby recommend that the City Council of the City of Covina adopt proposed ResolutionCC 2022-_, as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT(GPA) 22-
01 FOR THE 2021-2029 HOUSING ELEMENT UPDATE AND MAIGNG
FINDINGS OF EXEMPTION UNDER CEQA
SECTION 4. The documents and materialsthat constitute the record of proceedings on whichthese ?ndings and this Resolutionare based are locatedin the City Clerk’sOffice locate at 125E. College Street,Covina,CA 91723.The custodianof ?iese recordsisthe City Clerk. d SECTION 5. The Secretary shall certify to the adoption of this Resolution and shall ?le a copy of this Resolution with the City Council, together with any report of ?ndings, hearings, or other supporting data, within thirty (30) days after the date of this Resolution.
APPROVED ANDADOPTED by the membersof the PlanningCommissionof theCity of Covinathis27"‘day of September,2022.
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I hereby certify that the foregoing is a true copy of a Resolution adopted by the Plannin Commissionof the City of Covinaat a regularmeetingthereof held on the 27"‘day of September g 2022, by the followingvote of the Planning Commission: , _ RICHARDSON, RODRIGUEZ, CONNORS, MCMEEKIN, ZERMENO
NONE
' NONE
SUSAN ZERMENO, CI-IAIRWOMAN
3451
9' ..
Attachment ' A‘
Proposed Resolution CC 22-
approving General Plan Amendment (GPA) 20-001 for the
Covina 2021-2029 Housing Element
RESOLUTION cc 22._
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT (GPA 22-
01 FOR THE 2021-2029 HOUSING ELEMENT UPDATE AND MAKING
FINDINGS OF EXEMPTION UNDER CEQA
WHEREAS, local governments are authorizedby Government Code section 65350 e_t_s§g. to prepare, adopt and amend general plans; and
WHEREAS, Government Code Section 65580 et seq. requires cities to update their Housing Elements on a regular basis; and
WHEREAS, an update to the Housing Element of the Covina General Plan for the 2021- 2029 planning period has been initiated and prepared by the City of Covina; and WHEREAS, the 2021-2029 Housing Element Update leaves the General Plan internally consistent; and
WHEREAS, based on the factors and substantial evidence described in Appendix B of the Housing Element, incorporated herein by reference, the existing uses on sites identi?ed to accommodate the lower-income RI-INA allocation are likely to be discontinued during the planning period and therefore do not constitute an impediment to additional residential development during the period covered by the Housing Element; and WHEREAS, the staff report and supporting materials accompanying this resolution are found to be true, are adopted as Facts and Findings, and are incorporated by reference in this resolution; and
WHEREAS, pursuant to State Law, the draft 2021-2029 Housing Element Update was submitted to the California Department of Housing and Community Development (“HCD”); and WHEREAS, on January 27, 2022 HCD issued a letter ?nding that the draft 2021-2029 Housing Element addressedmany statutory requirements; however, revisions will be necessary to comply with State Housing Element Law; and
WHEREAS, revisions to the draft 2021-2029 Housing Element have been made to address the issues raised in HCD’s January 27, 2022 review letter, as surmnarized in the Planning Commission and City Council staff reports; and
WHEREAS, the 2021-2029 Housing Element Update was reviewed and found to b e exempt from further review under the California EnviromnentalQuality Act (“CEQA”), as more fully described below; and
WHEREAS, on September 13, 2022, and continued to September 27, 2022, the Plannin Commission g of the City of Covina (“Planning Commission”) held a duly noticed public hearing at which time all persons wishing to testify in connection with the application were heard and the
application was fully examined, and at the conclusion of that public hearing the Plarming Commission adopted Resolution No. 2022-016 PC recommending City Council approval of the 2021-2029 Housing Element update; and
WHEREAS, on , the City Council of the City of Covina held a duly noticed public hearing at which time all persons wishing to testify in connection with the application were heard and the application was fully examined; and
WHEREAS, all legal prerequisitesprior to adoption of this Resolution have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are incorporatedherein and made an operative part of this Resolution.
SECTION 2. The City Council ?nds that General Plan Amendment (GPA) 22-01 for the 2021-2029 Housing Element Update, as set forth in Attachment “A” to this Resolution, is exempt from the requirements of CEQApursuant to CEQAGuidelines (14 Cal. Code Regs. § 15000 et seq.) Section 15061(b)(3) because no development project or other physical change to the environment would be approved by the adoption of the Housing Element. The City Council has reviewed the Community Development Department sta?"’sdetermination of exemption, and based on its own independentjudgment, concurs in staff’s determinationthat the proposedGeneral Plan Amendment is exempt from CEQA.
SECTION 3. Based on the entire record before the City Council of the City of Covina, all written and oral evidence presented has been considered and reviewed, and the City Council ?nds that the 2021-2029 Housing Element Amendment, as revised as shown in Attachment “A” to this Resolution, incorporates changes that fully address the January 27, 2022 comments from HCD i n compliancewith State law. The City Council ?irther ?nds that the 2021-2029 Housing Element will promote the public health, safety and welfare, and will leave the General Plan an integrated and internally consistent statement of policies.
SECTION 4. The City Council hereby approves and adopts the 2021-2029 Housing Element Amendment as set forth in Attachment “A” incorporatedherein by reference.
SECTION 5. The City Council directs the City Manager to deliver the adopted Housing Element to HCD for review and is authorizedto make any technical revisions or clari?cations to the Housing Element as may be necessary to address comments from HCD pursuant to Government Code Sec. 65585.
SECTION 6. The documents and materials that constitute the record of proceedings on which these ?ndings and this Resolution are based are located in the City Clerk’s Of?ce locate d at 125 E. College Street, Covina, CA 91723. The custodian of these records isthe City Clerk.
SECTION 7. Effective Date. This Resolution shall be effective upon adoption.
SECTION 8. Certi?cation. The City Clerk shall certify to the passage and adoptionof thi
,
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2022- was duly adopted by the City Council of the City of Covina at a regular meeting hel d on the of 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
enter the same in the Book of Original Resolutions.
SIGNED AND APPROVED this day of , 2022.
FABIAN VELEZ,
Chief Deputy City Clerk
FABIAN VELEZ, Deputy City Clerk
PATRICIA CORTEZ, Mayor
CANDICE K. LEE, City Attorney
CERTIFICATION
Revised 6th Housing Element Public Review Draft
Appendix A through D (September 2022)
Revised 6th Housing Element Public Review Draft
(September 2022)
Attachment “A”
Covina 2021-2029 Housing Element and Appendix A through https °naca.gov/gc/gage/housing-element
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
January 27, 2022
Brian K. Lee, Director
Community Development Department
City of Covina
125 East College Street
Covina, CA 91723-2199
Dear Brian K. Lee:
RE: City of Covina’s 6th Cycle (2021-2029) Draft Housing Element Thank you for submitting the Covina’s (City) draft housing element received for review on November 30, 2021. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review.
The draft element addresses many statutory requirements; however, revisions will be necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code).
The enclosed Appendix describes the revisions needed to comply with State Housing Element Law.
As a reminder, the City’s 6th cycle housing element was due October 15, 2021. As of today, the City has not completed the housing element process for the 6th cycle. The City’s 5th cycle housing element no longer satisfies statutory requirements. HCD encourages the City to revise the element as described above, adopt, and submit to HCD to regain housing element compliance.
For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if a local government fails to adopt a compliant housing element within 120 days of the statutory deadline (October 15, 2021), then any rezoning to accommodate the regional housing needs allocation (RHNA), including for lower-income households, shall be completed no later than one year from the statutory deadline. Otherwise, the local government’s housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i).
Public participation in the development, adoption, and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City should continue to engage the community, including organizations that
Brian K. Lee, Community Development Director
represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate.
Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.
For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
http://opr.ca.gov/docs/OPR_Appendix_C_final.pdf and
http://opr.ca.gov/docs/Final_6.26.15.pdf.
HCD is committed to assisting Covina in addressing all statutory requirements of Housing Element Law. If you have any questions or need additional technical assistance, please contact Fidel Herrera at [email protected].
Sincerely,
Senior Program Manager
Enclosure
Paul McDougall
City of Covina’s 6th Cycle Draft Housing Element Page 1 January 27, 2022
APPENDIX
CITY OF COVINA
The following changes are necessary to bring the City’s housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code.
Housing element technical assistance information is available on HCD’s website at http://www.hcd.ca.gov/community-development/housing-element/housing-element-memos.shtml.
Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at http://www.hcd.ca.gov/community-development/building-blocks/index.shtml and includes the Government Code addressing State Housing Element Law and other resources.
A. Review and Revision
Review the previous element to evaluate the appropriateness, effectiveness, and progress in implementation, and reflect the results of this review in the revised element. (Gov. Code, § 65588 (a) and (b).)
As part of the review of programs in the past cycle (Appendix A), the element must provide an evaluation of the effectiveness of goals, policies, and related actions in meeting the housing needs of special needs populations (e.g., elderly, persons with disabilities, large households, female-headed households, farmworkers, and persons experiencing homelessness).
B. Housing Needs, Resources, and Constraints
1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).) Assessment of Fair Housing: The element, on page III-23, has some basic information on racial segregation and concentrated areas of poverty, and limited analysis on access to opportunity. However, the element generally does not address this requirement. The element, among other things, must include an analysis on fair housing enforcement and outreach, racial/ethnic concentrated areas of poverty, access to opportunity, integration and segregation, disproportionate housing needs and displacement risk, an assessment of fair housing, identification and prioritization of contributing factors to fair housing issues and goals and actions sufficient to overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity.
City of Covina’s 6th Cycle Draft Housing Element Page 2 January 27, 2022
Goals, Priorities, Metrics, and Milestones: Goals and actions must create meaningful impact to overcome contributing factors to fair housing issues. Currently, programs are not sufficient to facilitate meaningful change and address AFFH requirements.
Based on the outcomes of a complete analysis, the element must be revised to add or modify goals and actions accordingly. Goals and actions must specifically respond to the analysis and to the identified and prioritized contributing factors to fair housing issues and must be significant and meaningful enough to overcome identified patterns and trends. Actions must have metrics and milestones as appropriate and must address housing mobility enhancement, new housing choices and affordability in high opportunity areas, place-based strategies for community preservation and revitalization and displacement protection. For further guidance, please visit HCD’s Affirmatively Furthering Fair Housing in California webpage at https://www.hcd.ca.gov/community-development/affh/index.shtml.
2. Include an analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. (Gov. Code, § 65583, subd. (a)(2).) Housing Conditions: While the element includes an estimate of units in need of repair, it should also evaluate the potential extent of those repair including units in need of substantial rehabilitation or replacement.
Housing Costs: While the element includes information on the median sales price, it must also include information on rent prices in the City based on current market conditions. Current market rents can be collected through a phone survey of properties within the jurisdictions, surveying rental magazines, or online searches for rent information, and/or through a survey of property management companies.
3. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).) The City has a regional housing need allocation (RHNA) of 1,910 housing units, of which 882 are for lower-income households. To address this need, the element relies on vacant and nonvacant sites, including sites in the Affordable Housing Overlay (AHO). To demonstrate the adequacy of these sites and strategies to accommodate the City’s RHNA, the element must include a complete analysis, as follows:
Realistic Capacity: While the element provides assumptions of residential capacity for sites included in the inventory, it must also provide support for these assumptions. For example, the element should demonstrate what specific trends, factors, and other evidence led to the assumptions. The estimate of the number of units for each site must be adjusted as necessary, based on the land use controls
City of Covina’s 6th Cycle Draft Housing Element Page 3 January 27, 2022
and site improvements, typical densities of existing or approved residential developments at a similar affordability level in that jurisdiction, and on the current or planned availability and accessibility of sufficient water, sewer, and dry utilities. The element also needs to analyze the likelihood that the identified units will be developed as noted in the inventory in zones that allow 100 percent nonresidential uses. This analysis should consider the likelihood of nonresidential development, performance standards, and development trends supporting residential development.
Nonvacant Sites: While the element describes the methodology for identifying and prioritizing underutilized sites was based on factors such as location near highquality transit, vacant buildings or lower value uses such as surface parking or storage, and structures more than 50 years old, it must list a description of these values in the sites inventory. This is particularly important since the sites inventory only generically describes existing uses such as “commercial” or “industrial”. The description of existing uses should be sufficiently detailed to facilitate an analysis demonstrating the potential for additional development in the planning period. In addition, the element must support the various factors utilized to demonstrate the potential for additional development or include additional factors or another method.
Support should be based on market conditions, development trends and the City’s past experience with converting existing uses to higher density residential development and should related to existing uses on identified sites. Finally, the element must include analysis of the extent existing uses impede additional development and regulatory or other incentives or standards to encourage additional residential development on these sites. Analysis of existing uses should demonstrate the sites with existing uses will likely develop in the planning period and could include information on existing leases or contracts, age of structure, vacant properties, lack of improvements, past turnover in uses or other relevant factors.
Please be aware that if relying on nonvacant sites to accommodate more than 50 percent of the RHNA for lower-income households, it must demonstrate existing uses are not an impediment to additional residential development and will likely discontinue in the planning period. (Gov. Code, § 65583.2, subd. (g)(2).) Absent findings (e.g., adoption resolution) based on substantial evidence, the existing uses will be presumed to impede additional residential development and will not be utilized toward demonstrating adequate sites to accommodate the RHNA.
Small Sites: The element (Table B-3) identifies several sites smaller than a half-acre.
Sites smaller than a half-acre in size are deemed inadequate to accommodate housing for lower-income housing unless it is demonstrated that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower-income housing units as projected for the site or unless the housing element describes other evidence demonstrating the suitability of smaller sites to accommodate housing for lower-income households. For sites expected to be aggregated, the element must describe circumstances leading to consolidation, such as common ownership, the City’s role or track record in facilitating small-lot
City of Covina’s 6th Cycle Draft Housing Element Page 4 January 27, 2022
consolidation, policies or incentives offered or proposed to encourage and facilitate lot consolidation, specific examples of projects that were built for lower-income households on similarly sized sites, densities and affordability and relate those examples back to the sites inventory. Based on a complete analysis, the City should consider adding or revising programs to include incentives for facilitating development on small sites.
Sites Identified in Prior Planning Periods: Sites identified in prior planning periods shall not be deemed adequate to accommodate the housing needs for lower-income households unless a program, meeting statutory requirements, rezones sites to permit housing development by right pursuant to statutory requirements. The element must clarify if sites used to accommodate the housing need for lower income households were previously identified in prior planning periods and include programs as appropriate.
Map of Sites: The element must include a general map of identified sites.
Electronic Sites Inventory: For your information, pursuant to Government Code section 65583.3, the City must submit an electronic sites inventory with its adopted housing element. The City must utilize standards, forms, and definitions adopted by HCD.
Please see HCD’s housing element webpage at https://www.hcd.ca.gov/communitydevelopment/housing-element/index.shtml#element for a copy of the form and instructions. The City can reach out to HCD at [email protected] for technical assistance.
Zoning for a Variety of Housing Types:
Emergency Shelters: Emergency Shelters parking requirements should be updated pursuant to AB 139 (Chapter 335, Statutes of 2019) which requires only sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.
Accessory Dwelling Units (ADU): After a cursory review of the City’s ordinance, HCD discovered several areas which do not comply with State ADU Law. HCD will provide a complete listing of ADU non-compliance issues under a separate cover.
For more information, please consult HCD’s ADU Guidebook, published in December 2020, which provides detailed information on new ADU state requirements.
4. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures…(Gov. Code, §
City of Covina’s 6th Cycle Draft Housing Element Page 5 January 27, 2022
65583, subd. (a)(5).)
Processing and Permit Procedures: The element must describe and analyze the City’s permit processing and approval procedures for single family and multifamily developments. The analysis must evaluate the processing and permit procedures’ impacts as potential constraints on housing supply and affordability. For example, the analysis should consider processing and approval procedures and time for typical single- and multifamily developments, including type of permit, level of review, number of hearings, approval findings and any discretionary approvals.
Housing for Persons with Disabilities: While the element identifies how community care facilities serving six or fewer persons are permitted, it must describe and analyze how community care facilities serving seven or more persons are approved including any approval findings. The element should analyze the process for potential constraints on housing for persons with disabilities and add or modify programs as appropriate to ensure zoning permits group homes for seven or more persons objectively with approval certainty. In addition, the element briefly describes its reasonable accommodation procedures (p. V-7). However, the element should also describe the process and decision-making criteria such as approval findings and analyze any potential constraints on housing for persons with disabilities.
Finally, the City has a detailed definition of family which states “a traditional family or the functional equivalent of a traditional family, whose members are a non-transient interactive group of one or more persons, where if consisting of more than one person, such persons jointly occupy a single dwelling unit, jointly use common areas, share household activities and responsibilities (e.g., meals, chores, and expenses), and where, if the unit is rented, leased, or subleased, all adult members living on the premises jointly agree to occupy and be responsible for the entire premises of the dwelling unit under a single written rental agreement or lease and the makeup of the household occupying the unit is determined by the residents of the unit rather than the landlord or property manager.” This definition is replete with constraints on housing for persons with disabilities and the element must include a program to modify or replace the definition.
Building Codes and Their Enforcement: While the element states on page V-11 that the City has adopted the most recent building codes, it must also discuss the type (e.g., compliant based) and degree of enforcement.
5. An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Government Code section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the
City of Covina’s 6th Cycle Draft Housing Element Page 6 January 27, 2022
construction of a locality’s share of the regional housing need in accordance with Government Code section 65584. (Gov. Code, § 65583, subd. (a)(6).) Land Cost: While the element included estimates for construction costs and available financing in the community, it did not include estimates for land costs. The element must include an estimate of the average cost or the range of costs per acre for single family and multifamily development.
Requests for Lesser Densities and Approval Times: The element must address requests to develop housing at densities below those anticipated in the sites inventory and the length of time between receiving approval for housing development and submittal of application for building permits. The analysis must address any hinderances on housing development and programs should be added as appropriate.
6. Analyze any special housing needs such as elderly; persons with disabilities, including a developmental disability; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. (Gov.
Code, § 65583, subd. (a)(7).)
While the element quantifies the City’s special needs populations, it must also analyze their special housing needs. The element does not include analysis of available resources nor draw any conclusions on housing need that would lead towards programs. For a complete analysis of each population group, the element should discuss challenges faced by the population, the existing resources to meet those needs (e.g., availability senior housing units, number of large units, number of deed restricted units, etc.,), an assessment of any gaps in resources, and proposed policies, programs, and funding to help address those gaps.
C. Housing Programs
1. Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the Housing Element through the administration of land use and development controls, the provision of regulatory concessions and incentives, and the utilization of appropriate federal and state financing and subsidy programs when available. The program shall include an identification of the agencies and officials responsible for the implementation of the various actions. (Gov. Code, § 65583, subd. (c).)
Programs must be evaluated to demonstrate that they will have a beneficial impact within the planning period. Beneficial impact means specific commitment to deliverables, measurable metrics or objectives, definitive deadlines (month, year),
City of Covina’s 6th Cycle Draft Housing Element Page 7 January 27, 2022
dates, or benchmarks for implementation. Deliverables should occur early in the planning period to ensure actual housing outcomes.
2. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).)
As noted in Finding B3, the element does not include a complete site analysis.
Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types.
Program 2.1 (Adequate Sites to Accommodate Housing Needs): Currently the element identifies a shortfall of adequate sites to accommodate the RHNA within the planning period. Program 2.1 appears to be intended to rezone sites to accommodate a shortfall of sites for the lower-income- RHNA. This Program must be revised to meet all requirements pursuant to Government Code section 65583.2, subdivisions (h) and (i). For example, the Program must:
• Accommodate a minimum of 16 units per site.
• Require a minimum density of 20 units per acre; and
• At least 50 percent of the lower-income need must be accommodated on sites designated for residential use only or on sites zoned for mixed uses that accommodate all of the very low and low-income housing need, if those sites:
o allow 100 percent residential use, and
o require residential use occupy 50 percent of the total floor area of a mixed-use project.
• Permit owner-occupied and rental multifamily uses by-right for developments in which 20 percent or more of the units are affordable to lower-income households. By-right means local government review must not require a CUP, planned unit development permit, or other discretionary review or approval.
Lot Consolidation/Small Sites: As the element relies on consolidated small sites to accommodate the Regional Housing Needs Allocation (RHNA) for lower-income households, it should include a program(s) to facilitate lot consolidation and development of housing on small sites. For example, the program could commit to (1) granting density bonuses above state density bonus law. (Gov. Code, § 65915.); (2) deferring fees specifically for consolidation; (3) expediting permit processing; (4)
City of Covina’s 6th Cycle Draft Housing Element Page 8 January 27, 2022
identifying and targeting specific financial resources; and (5) modifying development standards.
3. The housing element shall contain programs which assist in the development of adequate housing to meet the needs of extremely low-, very low-, low- and moderate-income households. (Gov. Code, § 65583, subd. (c)(2).) The element must include a program(s) with specific actions and timelines to assist in the development of affordable housing for low-income households including persons with special needs such as seniors, homeless, farmworkers, female-headed households and persons with disabilities including developmental. The element includes Program 2.4; however, it only provides incentives for extremely low-income households. The program(s) could commit the City to adopting priority processing, granting fee waivers or deferrals, modifying development standards, granting concessions and incentives for housing developments that include units affordable to extremely low, very low, low, and moderate-income households; assisting, supporting, or pursuing funding applications; and outreach and coordination with affordable housing developers.
4. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).) As noted in finding B4 and B5, the element requires a complete analysis of potential governmental and nongovernmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints.
5. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law. (Gov.
Code, § 65583, subd. (c)(5).)
As noted in Finding B1, the element must include a complete assessment of fair housing. Based on the outcomes of that analysis, the element must add or modify programs. Goals and actions must specifically respond to the analysis and to the identified and prioritized contributing factors to fair housing issues and must be significant and meaningful enough to overcome identified patterns and trends.
Actions must have specific commitment, metrics, and milestones as appropriate and must address housing mobility enhancement, new housing choices and affordability
City of Covina’s 6th Cycle Draft Housing Element Page 9 January 27, 2022
in high opportunity areas, place-based strategies for community preservation and revitalization and displacement protection.
6. The housing program shall preserve for low-income household the assisted housing developments identified pursuant to paragraph (9) of subdivision (a). The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (9) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may include strategies that involve local regulation and technical assistance. (Gov.
Code, § 65583, subd. (c)(6).)
Program 1.4 (Preservation of Assisted Housing): The program must be revised to include specific and proactive actions to preserve the at-risk units in addition to monitoring. In addition, the element should revise (c) tenant education, to include current State Preservation Notice Law (Gov. Code 65863.10, 65863.11, 65863.13) which requires owners to provide tenants and affected public entities (including the City) notices regarding expiring rental restrictions starting three years before expiration.
7. Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income households. For purposes of this paragraph, “accessory dwelling units” has the same meaning as “accessory dwelling unit” as defined in paragraph (4) of subdivision (i) of Section 65852.2. (Gov.
Code, § 65583, subd. (c)(7).)
The element is required to include a program that incentivizes or promotes ADU development for very low-, low-, and moderate-income households. The element includes Program 2.3 (p. VI-6); however, it does not include incentives to promote ADU’s. This can take the form of flexible zoning requirements, development standards, or processing and fee incentives that facilitate the creation of ADUs, such as reduced parking requirements, fee waivers and more. Other strategies could include developing information packets to market ADU construction, targeted advertising of ADU development opportunities or establishing an ADU specialist within the planning department.
D. Public Participation
Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element, and the element shall describe this effort. (Gov. Code, § 65583, subd. (c)(8).)
City of Covina’s 6th Cycle Draft Housing Element Page 10 January 27, 2022
While the element includes a general summary of the public participation process (Appendix C), it must also demonstrate diligent efforts were made to involve all economic segments of the community in the development of the housing element. First, the element could describe the efforts to circulate the housing element among low- and moderate-income households and organizations that represent them and to involve such groups and persons in the element throughout the process. Second, the element should include when the draft was made available to the public. Finally, the element should also summarize the public comments and describe how they were considered and incorporated into the element.
EXHIBIT 5
September 2022 -1-
HCD Comments and Responses
City of Covina
HCD Comment
(Letter of 1/27/2022)
Revised Draft
Housing Element
Page No.
Response/Revision
A. Review and revision Appendix A Appendix A has been revised to analyze the cumulative effectiveness of City programs in meeting the housing needs of special needs populations.
B.1 Affirmatively furthering fair
housing
Appendix D The element has been revised to include additional analysis of fair housing. In addition, Program 5.1 has been revised to describe actions the City will take to affirmatively further fair housing.
B.2 Household characteristics III-10 Housing conditions. The analysis has been expanded to include the extent of units in need of substantial rehabilitation or replacement.
III-13 Housing costs. The element has been revised to include additional information on current rents.
B.3 Sites inventory Appendix B Realistic Capacity. The element has been revised to provide additional analysis of realistic development potential based on recent development trends, market conditions and applicable regulations.
Appendix B
VI-4
Nonvacant sites. Additional analysis has been provided regarding the potential capacity for additional housing on nonvacant sites. In addition, Program 2.1 has been expanded to address replacement housing requirements.
Appendix B Small sites. The sites inventory has been revised to provide additional analysis of the capacity of sites smaller than ½ acre.
Appendix B
VI-4/5
Sites Identified in a Previous Planning Period. The element has been revised to include sites identified in a prior planning period. In addition, Program 2.1 has been revised in conformance with Government Code §65583.2(c).
Appendix B Sites map. The element has been revised to provide a general map of sites.
City of Covina Summary of Housing Element Comments and Responses September 2022 -2-
HCD Comment
(Letter of 1/27/2022)
Revised Draft
Housing Element
Page No.
Response/Revision
Electronic sites inventory. A copy of the electronic sites inventory will be submitted concurrent with the adopted element pursuant to Government Code §65583.3(b),
B.3 Zoning for a variety of housing
types
V-8
VI-9 to 11
Emergency Shelters: The constraints analysis and Program 4.2 have been revised to address conformance with AB 139.
V-6
VI-6/7
ADUs. Chapter V has been revised to provide additional analysis of City efforts to promote ADU production. In addition, Program 2.3 in the Housing Plan includes a commitment to review current ADU law and update City regulations as necessary to ensure consistency with State requirements.
B.4 Governmental constraints V-14 to 18
VI-11
Processing and permit procedures. The original draft element provided a detailed description of permit processing, including the type of permit, level of review, approval findings, when discretionary review is required, and typical processing time. Additional analysis has been provided regarding the typical number of hearings required and whether current permit procedures pose an unreasonable constraint to the cost and supply of housing. In addition, Program 4.3 has been revised to expand the use of administrative review and objective standards to reduce potential constraints.
V-10/11
VI-10/11
Residential care facilities. The element has been revised to include additional analysis of how community care facilities serving seven or more persons are approved including any approval findings. In addition, Program 4.2 has been expanded to include additional actions to improve approval certainty for such facilities.
V-6/7 Reasonable accommodation. The element has been revised to describe the City’s reasonable accommodation procedure and findings of approval.
V-11
VI-10/11
Definition of family. Program 4.2 has been revised to include a Code amendment to revise the definition of “family” consistent with current law.
V-13/14 Building Codes and Enforcement: The element has been revised to include the type and degree of enforcement.
B.5 Non-governmental constraints V-20/21 Land cost: The element has been revised to provide typical residential land costs.
City of Covina Summary of Housing Element Comments and Responses September 2022 -3-
HCD Comment
(Letter of 1/27/2022)
Revised Draft
Housing Element
Page No.
Response/Revision
V-18 Requests for Lesser Densities and Permit Times: The element has been revised to provide additional analysis of requests to develop housing at densities below those identified in the inventory and the length of time between receiving approval for a housing development and submittal of an application for building permits.
B.6 Special needs III-14 to 22 The analysis of special needs has been expanded to include challenges faced by the population, the existing resources to meet those needs (e.g., availability senior housing units, number of large units, number of deed restricted units, etc.), an assessment of any gaps in resources, and proposed policies, programs, and funding to help address those gaps.
C.1 Programs Chapter VI All programs have been evaluated and revised as necessary such that they have a beneficial impact within the planning period, including specific commitment to deliverables, measurable metrics or objectives, definitive deadlines where feasible.
C.2 Programs to make sites
available during the planning
period
VI-4 Program 2.1 has been revised to include compliance with Sec 65583.2(h) and (i) and incentives to encourage lot consolidation.
C.3 Programs to assist in the
development of adequate housing
to meet the needs of extremely
low-, very low-, low- and moderateincome households.
VI-7 Program 2.4 has been expanded to include additional actions to assist in the development of housing for low- and moderate-income households and persons with special needs.
C.4 Programs to remove
governmental and
nongovernmental constraints
This comment is addressed in items B.4 and B.5 above.
C.5 Affirmatively furthering fair
housing
Appendix D
VI-12
Additional analysis of AFFH issues has been provided in Appendix D and Program 5.1 has been expanded to include additional actions the City will take to affirmatively further fair housing.
C.6 Programs to preserve for lowincome household the assisted housing developments
IV-3 Program 1.4 has been expanded to include additional actions to preserve at-risk units.
C.7 Programs to incentivizes and
promotes the creation of accessory
VI-6/7 Program 2.3 has been expanded to incentivize ADU development for lower and moderate-income households through strategies such as exploring and pursuing funding, modifying development standards, and reducing fees
City of Covina Summary of Housing Element Comments and Responses September 2022 -4-
HCD Comment
(Letter of 1/27/2022)
Revised Draft
Housing Element
Page No.
Response/Revision
dwelling units that can be offered
at affordable rent
beyond state law, pre-approved plans, and homeowner/applicant assistance tools.
D. Public Participation Appendix C Appendix C has been revised to describe City efforts to circulate the housing element among low- and moderate-income households and organizations that represent them and to involve such groups and persons in the element throughout the process. In addition, the element identifies when the draft was made available to the public and summarizes the public comments and how they were considered and incorporated into the element.
526) 381-9248 139 South Hudson Avenue P: (
F3 €626)339_"5414‘ Mitchell M. Tsai Suite 200
E: [email protected] Attorney At Law Pasadena, California 91101
VIA E-MAIL
September 12, 2022
City Clerk’s Of?ce
City of Covina
125 E. College Street
Covina, CA 91723
Em: ciggclerk?@,co\'inaca.go\'
Em: planning@,co\'inaca.g(>\'
RE: City of Covina’s General Plan Amendment for the Housing Element of the Covina General Plan for the 2021-2029 Planning Period.
Dear Honorable Commissioners,
On behalf of the Southwest RegionalCouncil of Carpenters (“Southwest Carpenter” or “SWRCC”), my Office is submitting these comments for the City of Covina’s (“City”) September 13, 2022 Planning Commission Meeting for the General Plan Amendment for the Housing Element of the Covina General Plan for the 2021-2029 Planning Period (“Project”).
The Southwest Carpenters is a labor union representing 50,000 union carpenters in six states, including California, and has a strong interest in well ordered land use planning and addressing the environinentalimpacts of development projects.
Individual members of the Southwest Carpenters live,work and recreate in the City and surrounding communities and would be directly affected by the Project’s environmentalimpacts.
SWRCC expresslyreserves the right to supplementthese comments at or prior to hearings on the Project, and at any later hearings and proceedingsrelated to this Project. Cal. GOV. Code § ()5009(b);Cal. Pub. Res. Code § 21177(a); Bunéerijie/dCz'tz'§em* forLocalControla. Bméerl?e/d(2004) 124 Cal. App. 4th 1184, 1199-1203; see Ga/ante Vin_eyard: a MzmtenyWaterDin‘. (1997)60 Cal. App. 4th 1109, 1121.
City of Covina — GPA for the Housing Element Update of the Covina GP September 12, 2022
SW/RCCincorporates by reference all comments raising issues regardingthe EIR submitted prior to certi?cation of the EIR for the Project. Cz'tz‘§em'_ forC/am Emvgy2: Czy aflzl’/ood/and (2014)225 Cal. App. 4th 173, 191 (?nding that any party who has objected to the Project’s environmental documentationmay assert any issue timely raised by other parties).
Moreover, SWRCC requests that the Cityprovidenotice for any and all notices referring or related to the Project issued under the California Environmental Quality Act (“CEQA”), Cal Public Resources Code (“PRC”) § 21000 at mg, and the California Planning and Zoning Law (“Planning and Zoning Law”), Cal. Gov’t Code §§ 65000—65010.California Public Resources Code Sections 21092.2, and 21167(f) and Government Code Section 65092 require agenciesto mail such notices to any person who has filed a written request for them with the clerk of the agency’sgoverning body.
The City should require the use of a local skilled and trained workforce to bene?t the community’s economic development and environment. The City should require the use of workers who have graduatedfrom a JointLabor Management apprenticeship training program approvedby the State of California, or have at least as many hours of on—the—jobexperiencein the applicablecraft which would be required to graduate from such a state approvedapprenticeshiptraining program or who are registered apprenticesin an apprenticeshiptraining program approvedby the State of California.
Community bene?ts such as local hire and skilled and Uained workforce requirements can also be helpful to reduce environrnentalimpacts and improve the positive economic impact of the Project. Local hire provisionsrequiringthat a certain percentage of workers reside within 10 miles or less of the Project Site can reduce the length of vendor trips, reduce greenhouse gas emissions and providing localized economic bene?ts. Local hire provisionsrequiringthat a certainpercentage of workers reside within 10 miles or less of the Project Site can reduce the length of vendor trips, reduce greenhouse gas emissions and providinglocalizedeconomicbene?ts. As environmentalconsultants Matt Hagemann and Paul E. Rosenfeld note:
[A]nylocal hire requirement that results in a decreasedworker trip length from the default value has the potential to result in a reduction of construction—relatedGHG emissions, though the signi?cance of the reduction would vary based on the location and urbanizationlevel of the project site.
City of Covina — GPA for the Housing Element Update ofthe Covina GP September 12, 2022
March 8, 2021 SWAPE Letter to Mitchell M. Tsai re Local Hire Requirementsand Considerations for Greenhouse Gas Modeling.
Skilledand trained workforce requirementspromote the development of skilled trades that yieldsusminableeconomic development.As the CaliforniaWorkforce Development Board and the UC BerkeleyCenter for Labor Research and Education concluded:
. . . labor should be considered an investment rather than a cost — and investments in growing, diversifying,and upskillingCal.if0rnia’sworkforce can positivelyaffect returns on climate mitigation efforts. In other words, well trained workers are key to delivering emissions reductions and moving California closer to its climate targets.‘
Local skilledand trained workforce requirementsand policieshave signi?cant environmental bene?ts since they improve an area’sjobs—housingbalance, decreasingthe amount of and length of job commutes and their associated greenhouse gas emissions. Recently, on May 7, 2021, the South Coast Air Quality Management District found that that the “[u]se of a local state—cert:if1ed apprenticeshipprogram or a skilled and trained workforce with a local hire component” can result in air pollutantreductions?
Cities are increasinglyadopting local skilled and trained workforce policiesand requirementsinto generalplans and municipalcodes. For example,the City of Hayward2040 General Plan requiresthe City to “promote local hiring . . . to help achieve a more posinvejobs—housingbalance, and reduce regional commuting, gas consumption,and greenhousegas emissions.”3 1 California Workforce Development Board (2020) Putting California on the HighRoad: A jobs and ClimateAction Plan for 2030 at p. ii, availableat l’1i[3S? laborcenter.l)erkelcy.ci.lu \vp—contcnt unloads 2( 120 0‘) Puttim;—Californin—on—thc—l ligh-R<md.Ddf. 2 South Coast Air QualityManagement District (May7, 2021) Certify Final Environmental Assessment and Adopt Proposed Rule 2305 — Warehouse Indirect Source Rule — Warehouse Actions and Investments to Reduce Emissions Program, and Proposed Rule 316 — Fees for Rule 2305, Submit Rule 2305 for Inclusion Into the SIP, and Approve Supporting Budget Actions, awn’/ab/eat htt : \v\v\\‘.a md. rov docs defaultsource[AgcndnsgGoverning-Board2021 202l-Ma\'7-(|27.mlt?sfvi'sn=1U 3 City of Hayward (2014)Hayward 2040 General Plan Policy Docurnent at p. 399, availableat httns: \V\vw.l1ay\vard~cagovsites default tiles documents General Plan l’lN;\L.t)df.
City of Covina — GPA for the Housing Element Update ofthe Covina GP September 12, 2022
In fact, the City of Hayward has gone as far as to adopt a SkilledLabor Force policyinto its Downtown Speci?cPlan and municipalcode, requiring developmentsin its Downtown area to requiringthat the City “c]ontribute to the stabilization of regional construction markets by spurring applicantsof housing and nonresidential developmentsto require contractors to utilize apprenticesfrom state—approved,joint labor—managernentraining programs, . . .”“ In addition, the City of Haywardrequires all projects 30,000 square feet or larger to “utilize apprenticesfrom state—approved,joint labor-management training programs.’’5
Locating jobs closer to residential areas can have significant environmentalbene?ts. As the CaliforniaPlanning Roundtable noted in 2008:
People who live and work in the same jurisdictionwould be more likely to take transit, walk, or bicycle to work than residents of less balanced communities and their vehicle trips would be shorter. Bene?ts would include potential reductions in both vehicle miles traveled and vehicle hours traveled.“
In addition, local hire mandates as well as skill training are critical facets of a strategy to reduce vehicle miles traveled.As planningexperts Robert Cervero and Michael Duncan noted, simplyplacing jobs near housing stock is insuf?cient to achieve VMT reductions since the skillrequirementsof available local jobs must be matched to those held by localresidents.7Some municipalitieshave tied localhire and skilledand trained workforce policiesto local development permitsto address transportation issues. As Cervero and Duncan note:
In nearly built—outBerkeley, CA, the approach to balancing jobs and housing is to create local jobs rather than to develop new housing.” The " City of Hayward(2019)HaywardDowntown Speci?cPlan at p. 524, mm‘/a/2/eat httpsz \vw\v.lmy\vard-cauggvsites default files I layward”,oZODo\vnto\\/n" u 2USpL*Ci?c‘§b20Plan.pdf.
5 City of HaywardMunicipalCode, Chapter 10, § 28.5.3.020(C). 5 CaliforniaPlanning Roundtable (2008)Deconstructing]obs—HousingBalance at p. 6, availableat httns: cproundtablcnorg static media uploads nublicntiuns cr>i=iob.<~ housingpdf
7 Cervero, Robert and Duncan, Michael (2006) Which Reduces Vehicle Travel More: jobsHousing Balance or Retail-HousingMixing?journal of the American Planning Associadon 72 (4), 475-490, 482, al/ai/ab/eat ht : reconncctin :\1TA(.‘tlC:\.()t' assets L‘ loads L7'l‘C'l'— 8Z5.pdf.
City of Covina — GPA for the Housing Element Update of the Covina GP September 12, 2022
city’sFirst Source program encourages businesses to hire local residents, especiallyfor er1tty—and intermediate—leveljobs, and sponsors Vocational training to ensure residents are employment—ready. While the program is Volunt , some 300 businesses have used it to date, lacin more than F’ 8 3,000 city residents in local jobs since it was launched in 1986. When needed, these carrots are matched by sticks,since the cityis not shy about negotiating corporate participationin First Source as a condition of approvalfor development permits.
The City should consider utilizing skilled and trained workforce policiesand requirementsto bene?t the local area economicallyand mitigate greenhouse gas, air qualityand transportationimpacts.
Sincerely,
JasonCohen, Esq.
Attorneys for Southwest Regional
Council of Carpenters
Attached:
March 8, 2021 SWAPE Letter to l\/[itchell M. Tsai re Local Hire Requirementsand Considerationsfor Greenhouse Gas Modeling (ExhibitA);
Air Quality and GHG Expert Paul Rosenfeld CV (ExhibitB); and Air Quality and GHG Expert Matt Hagemann CV (ExhibitC).
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. NB 1
Meeting: CC Regular Meeting - Oct 18 2022
Title: Covina Irrigating Company – Board of Directors Representatives Presented By: Andy Bullington, Director of Public Works Recommendation: That the City Council provide further direction related to the City's representatives to the Covina Irrigating Company ("CIC") Board of Directors and authorize the City Manager or designee to represent the City at the CIC Annual Shareholders meeting on October 20, 2022.
EXECUTIVE SUMMARY / BACKROUND:
The City of Covina owns 4,219 shares of the Covina Irrigating Company stock; total shares of the Company are 10,000. As a shareholder the City derives the majority of its water from the CIC. As a shareholder of CIC stock, the City may nominate and hold four seats on the Board of Directors. Each year the CIC holds an annual meeting of shareholders to select the Board; this year the meeting will be held on October 20, 2022 at the CIC offices. At that meeting or by proxy vote beforehand the City needs to vote its shares for the nine (9) director’s seats. The City's existing representatives on the Board of Directors includes Geoffrey Cobbett, Richard Jett, Kevin Stapleton, and Michael Touhey.
Letters of interest that have been received from community members interested in serving on the CIC Board of Directors are included with this report for further consideration.
DISCUSSION:
The next annual meeting of stockholders to elect Directors to the CIC Board is slated for October 20, 2022, at 10 AM. As previously mentioned the Covina City Council has the authority to appoint, remove or replace individuals to a board or commission at any time pursuant to Government Code Section 36506. As such, there are options for the City Council to consider:
1. Keep the existing City representatives on the CIC board.
2. Nominate other representatives who have expressed interest to serve as the City’s representative on the Covina Irrigating Company Board of Directors.
As it relates to the election process, the City may vote for directors in two ways; either by submittal of a proxy ballot in advance of the meeting or designating the City Manager or his appointee to represent the City at the Annual Shareholders meeting on October 20 2022. If changes to the published ballot are approved in time for the annual meeting by the Council, the City's designated representative will announce the new City of Covina slate prior to voting and cast votes accordingly.
Alternatively, the Council may consider to make changes at a later date. CIC staff has confirmed that a change of director(s) can be made at any time prior a monthly CIC Board of Directors meeting.
FISCAL IMPACT:
There is no fiscal impact in voting the City's shares for the CIC Board of Directors.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
Not applicable.
ATTACHMENTS:
Attachment A - Articles of Incorporation By-Laws
Attachment B - CIC Letters of Interest
Respectfully submitted,
1 Articles of Incorporation
- AND -
B Y - L A W S
(Most recently amended to August 12, 2015)
of the
Covina Irrigating Company
(Formerly known as Azusa Water Development
and Irrigation Company)
AND THE
Compromise Agreement
Signed January 26, 1889
Recorded November 2, 1889,
Book 607, Pg. 138 Deeds
Los Angeles County
2 Restated
Articles of Incorporation
- of -
Covina Irrigating Company
First: The name of this Corporation shall be COVINA IRRIGATING COMPANY (formerly known as Azusa Water Development and Irrigation Company):
Second: The Corporation's only purpose shall be to develop, distribute, supply or deliver water for irrigation and domestic uses to or for the benefit of its shareholders, at cost plus necessary expenses, in proportion to the number of shares of stock held by them respectively.
In carrying out said purpose; it shall have no obligation to construct any delivery facilities nor to deliver any water, for whatever purpose, to share holders or their designees, outside the area or territory described as follows, to wit:
BEGINNING at a point on the main "Covina Cement Ditch" at the intersection of said "Covina Ditch" with North Citrus Avenue or the extension thereof, thence following the line of said "Covina Ditch," in a southeasterly direction to its intersection with Dawson Avenue; thence east along the center line of Dawson Avenue to the center line of Glendora Avenue in Rancho Addition to San Jose; thence south following the center line of Glendora Avenue to the center line of Gladstone Avenue; thence west on the center line of Gladstone Avenue to its intersection with the said "Covina Ditch"; thence along said "Covina Ditch" in a southeasterly direction to its intersection with the Covina San Jose pipe line just south of Juanita Avenue; thence southeasterly following the Covina San Jose pipe line to its intersection with the center line of Banna Street; thence southerly along the center line of Banna Street to the northerly line of Lot 3, Block 3, Hollenbeck Ranch Partition; thence easterly along said northerly line of Lot 3, Block 3, to the easterly line of said lot; thence southerly along said easterly line of said Lot 3, Block 3, to the center of Badillo Avenue; thence easterly following the center fine of Badillo Avenue to the east line of Lot 7, Block 2, of the Hollenbeck Ranch Partition Tract, in the Rancho La Puente; thence southerly along said easterly line of Lot 7, Block 2, to the southeast comer of said Lot 7 thence 20 feet west from the southeast comer of Lot 7, Block 2, to the southeast comer of said Lot 7; thence 20 feet west from the southeast comer of Lot 7, Block 2; thence south 310 20' West, 250.39 feet; thence following the eastern boundary line of the "Masonic Homes for Children" properties on a curve concave to the south 332.7 feet; thence on a curve concave to the west 66.98 feet; thence south 74.2 feet to the north line of Puente Street; thence south across Puente Street to the northeasterly comer of Lot 4, Block 1, Shouse and Chapman Tract, Rancho La Puente; thence southerly along the easterly line of said Lot 4, Block 1, Shouse and Chapman Tract to its intersection with the northeast boundary line of Lots 3 and 5 of the Chaffey Tract; thence following along said northeasterly boundary of the Chaffey Tract to the point farthest east in said Lot 5 of the said Chaffey Tract; thence in a southerly and southwesterly direction following the easterly boundary line of said Lot 5 of the said Chaffey Tract to its intersection with the center line of a road known as the "Pomona and Covina Road", also known as Covina Hills Road; thence northwesterly and westerly along the center line of said "Pomona and Covina Road" to its intersection with the east line, or the northerly prolongation thereof, of Lot 21, McCarthy Co.'s subdivision of Block 1, Hollenbeck Tract, in the Rancho La Puente; thence south along said easterly line of Lot 21 to its intersection with the southerly line of said Lot 2 1; thence westerly along said southerly line of said Lots 21, 20, 19, 18, Block 1, McCarthy Co.'s subdivision and the southerly line of Lot 8, Block 25, Phillips Tract, Rancho La Puente, to its intersection with the easterly line of Lot 11 of Tract No. 2371; thence southerly along said east line of Lot 11 and Lot 12, Tract No. 23 7 1, to its intersection with the center line of Virginia Avenue; thence Westerly and Northwesterly along the center line of Virginia Avenue until it intersects with Barranca Avenue; thence northerly along the center line of Barranca Avenue
3 to its intersection with Walnut Creek Wash; thence along and following the center line of the stream bed of the said Walnut Creek Wash in a southwesterly direction until said Walnut Creek Wash intersects with the center line of Glendora Avenue, Rancho La Puente; thence along the center line of Glendora Avenue in a northeasterly direction to its intersection with the center line of Arroyo Avenue, also known as the San Bernardino Freeway; thence northerly across Arroyo Avenue to the southwest comer of Block 30, Phillips Tract; thence northerly following the westerly boundary lines, or prolongation thereof, of Lot 7 and Lot 2, Block 30; Lot 7 and Lot 2, Block 19; Lot 7 and Lot 2, Block 18; Lot 7 and Lot 1, Block 7; and Lot 1, Block 6, all of the Phillips Tract, Rancho La Puente, to their intersection with Covina Boulevard, sometimes known as San Bernardino Road; thence easterly following the center line of San Bernardino Road to its intersection with the center line of Azusa Avenue; thence along the center line of Azusa Avenue in a northerly direction to its intersection with the south line of the branch line of the Southern Pacific Railroad tracks; thence along said southerly line of the said Southern Pacific Railroad tracks in an easterly direction until it intersects with the southerly prolongation of the westerly line of the N.E. 1/2 of the W. 1/2 of the southeast 1/4 of the southeast 1/4 of Sec. 11, Township I South, Range 10 West; thence along said westerly line in a northerly direction to its intersection with the center line of Cypress Avenue; thence along the center line of Cypress Avenue in a westerly direction to its intersection with Azusa Avenue; thence northerly along the center line of Azusa Avenue until it would intersect with the easterly prolongation of the southerly line of the northeast 1/4 of the southeast 1/4 of Section 10; thence following the southerly and westerly boundary lines of the said northeast 1/4 of the southeast 1/4 of Section 10 to the northwest comer of said property; thence along the northerly line of said property and its prolongation in an easterly direction until it intersects with the center of Citrus Avenue at Section Center Avenue, now known as New Covina Boulevard, thence north along the center line of Citrus Avenue to the center line of Bonita Avenue, also known as Arrow Highway; thence along the center line of Bonita Avenue to the center line of Cerritos Avenue; thence northerly along the center line of Cerritos Avenue to the northwest comer of the west 1/2 of the southwest 1/4 of the southwest 1/4 of Section 2, Township I South, Range 10 West, S.B.B. & M.; thence easterly along said north line of the said property to the southwest corner of the northeast 1/4 of the southwest 1/4 of the southeast 1/4 of said Section 2; thence north along said westerly boundary line of said property to the northwest corner of said property; thence east along the north line of said property and its prolongation to an intersection with the center line of Citrus Avenue; thence south along the center line of Citrus Avenue to the center line of Bonita Avenue; thence east along the center fine of Bonita Avenue to its intersection with Ben Lomond Avenue and the main "Azusa Ditch"; thence following the said "Azusa Ditch" in a northerly and northwesterly direction until it intersects with the center line of Citrus Avenue; thence north along the center line of Citrus Avenue to the said "Covina Ditch," the point of beginning; all in the County of Los Angeles, State of California; and said company shall not be required to furnish water to any stockholder from any of its ditches, pipe lines or conduits outside of the said area; PROVIDED, that wheresoever any stockholder shall have heretofore been receiving and using water from this Company upon lands outside of said area, such stock may continue to receive and use such water on the same lands in the future.
The boundaries of and the property to be included within said area may be changed at any annual shareholders' meeting or special shareholders' meeting called for that purpose.
Third: Unless and until changed by the By-Laws, as hereinafter provided, the number of directors shall be Nine (9); and authority is hereby conferred upon and reserved to the shareholders to adopt, repeal and amend the By-Laws, wherein and whereby the number of directors of the Corporation at any time shall be as fixed and provided in the By-Laws then in force, and such number may be changed from time to time by a By-Law adopted by the shareholders as other By-Laws are adopted.